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Section 9 – The Hindu Minority And Guardianship Act, 1956

The Hindu Minority And Guardianship Act, 1956

 

9. Testamentary guardians and their powers.-

 

(1) A Hindu father entitled to act as the natural guardian of his minor legitimate children may, by will appoint a guardian for any of them in respect of the minor’s person or in respect of the minor’s property (other than the undivided interest referred to in section 12) or in respect of both.

 

(2) An appointment made under sub-section (1) shall have not effect if the father predeceases the mother, but shall revive if the mother dies without appointing, by will, any person as guardian.

 

(3) A Hindu widow entitled to act as the natural guardian of her minor legitimate children, and a Hindu mother entitled to act as the natural guardian of her minor legitimate children by reason of the fact that the father has become disentitled to act as such, may, by will, appoint a guardian for any of them in respect of the minor’s person or in respect of the minor’s property (other than the undivided interest referred to in section 12) or in respect of both.

 

(4) A Hindu mother entitled to act as the natural guardian of her minor illegitimate children may; by will appoint a guardian for any of them in respect of the minor’s person or in respect of the minor’s property or in respect of both.

 

(5) The guardian so appointed by will has the right to act as the minor’s guardian after the death of the minor’s father or mother, as the case may be, and to exercise all the rights of a natural guardian under this Act to such extent and subject to such restrictions, if any, as are specified in this Act and in the will.

 

(6) The right of the guardian so appointed by will shall, where the minor is a girl, cease on her marriage.

 

COMMENTS

 

Power to appoint testamentary guardian

 

(i) Where a grandmother appoints the mother as testamentary guardian for the property bequeathed to the minor, during the lifetime of the father, the mother cannot alienate the property of the minor as the grandmother has no power to appoint a testamentary guardian. Such alienation would be void ab initio; Sundaramurthy v. Shanmuganadar, AIR 1980 Mad 207.

 

(ii) Under this section power is conferred on the father or the mother in certain circumstances to appoint a guardian by will. This power does not extend to a donor of property; Rajalakshmi v. Ramachandran, AIR 1967 Mad 113: 1966 (2) MLJ 420.

 

(iii) A testamentary guardian cannot sell minor’s property without prior permission of the court; Duraiswamy v. Balasubramanian, AIR 1977 Mad 304.

 

 

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The Hindu Minority And Guardianship Act, 1956

 

 

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