Scribd
Upload
17 views2 pages

Family Law - Sapkale Sir

DR

Uploaded by

afrahshaikh2512
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
17 views2 pages

Family Law - Sapkale Sir

DR

Uploaded by

afrahshaikh2512
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 2

FAMILY LAW

Who can appoint a Testamentary Guardian under Hindu Minority and Guardianship Act,
1956 and discuss in brief Powers of Testamentary Guardian.

ANS :-
Under the Hindu Minority and Guardianship Act, 1956, a testamentary guardian is an
individual appointed by a parent to act as a guardian for their minor child after the parent's
death. Here’s a detailed look at who can appoint a testamentary guardian and the powers
associated with this role.
Appointment of a Testamentary Guardian
Who Can Appoint:
1. Parent: According to Section 9 of the Hindu Minority and Guardianship Act, 1956, a
testamentary guardian can be appointed by a Hindu parent. This appointment is
made through a will, which is a legal document outlining the parent's wishes
regarding the guardianship of their minor children in the event of their death.
2. Validity of Appointment: The appointment of a testamentary guardian is valid only if
the parent is legally competent to make a will. This means the parent must be of
sound mind and not otherwise disqualified by law.
Powers of Testamentary Guardian
Powers and Responsibilities:
1. Care and Custody: The testamentary guardian has the right and responsibility to take
care of the minor child and provide for their physical and emotional needs. This
includes ensuring the child’s education, health, and general welfare.
2. Property Management: The guardian can manage the minor’s property. This involves
safeguarding and administering the minor’s assets, and making decisions related to
the property’s maintenance and investments.
3. Legal Representation: The testamentary guardian can represent the minor child in
legal matters, including court proceedings, contracts, and other legal affairs.
4. Decision-Making: The guardian can make decisions on behalf of the minor child, such
as decisions related to education, health care, and general upbringing. These
decisions should be made in the best interest of the child.
5. Compliance with Court Orders: The guardian is required to comply with any court
orders related to the minor child and may need to report to the court periodically
regarding the welfare and management of the child and their property.
6. Protection of the Minor’s Interests: The guardian is expected to act in the best
interests of the minor, ensuring that their rights and interests are protected and
preserved.
Limitations and Oversight
1. Court’s Role: Even though a testamentary guardian is appointed by will, their actions
are subject to judicial review. If there is a concern about the guardian's suitability or
actions, the court can intervene and make alternate arrangements.
2. Rights of Biological Parents: If a surviving parent is alive and capable of providing for
the child, their rights and responsibilities regarding guardianship may override those
of the testamentary guardian.
3. Changes in Circumstances: If circumstances change, such as if the testamentary
guardian is no longer suitable or available, the court can modify or revoke the
guardianship arrangement in the best interests of the child.
Conclusion
The role of a testamentary guardian under the Hindu Minority and Guardianship Act, 1956,
is crucial in ensuring the continued welfare and protection of a minor child when a parent is
deceased. While the parent has the right to appoint a testamentary guardian through a will,
the guardian’s powers and responsibilities are defined to ensure the minor's best interests
are maintained.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy