Guardianship of the

Minor’s Property
Classification of Guardianship of Minor’s
Property

1. Legal (de jure) or natural guardianship

2. Guardian appointed by the Court (certified
guardian)
3. De facto guardian
 1. Legal Guardian
1. Person entitled
i. Father
ii. The executor appointed by the father’s will
iii. The father’s father and
iv. The executor appointed by the father’s father
2. Any other relative is not entitled to act as a legal guardian of property of
the minor
3. Except father and father’s father no any one legally authorize to appoint
any person as executor.
 Powers of Legal Guardian

1. Where the minor can obtain double value of the property

2. Where he has no other property and sale is necessary for his Maintenance
 Maintenance does not exclude other expenses necessary for mental and physical health of
the child [Ahmadullah v Mafiruddin AIR 1973 Gauhati, 56]
3. Expenses exceed the income out of the property
4. Property is falling under decay
5. For outstanding legal debts
6. Property has been usurped and no chance of restitution
7. Where there are legacies to be paid and no other means of paying
 2. Guardian appointed by the Court

 In the absence of legal guardians, the Court can appoint a guardian

for the Minor’s property
 Under Section 7 of the Guardians and Wards Act 1890 Court can
appoint any person as a guardian of the property
 All the limitations/restriction laid down under the Guardians and
Wards Act 1890 are applicable in that case eg. Section 29
 De facto guardian is person who just take custodian of the minor and
his property
 3. Testamentary guardianship

 Father and father’s father are competent persons the appointment of

testamentary guardian
 Removal of Guardian

1. Abuse of trust
2. Continued failure to perform the duties
3. Incapacity to perform the duties
4. Ill treatment or neglect to take care of his ward
5. Disregard of any of the provision of the Guardians and Wards Act
6. Conviction by which court thinks that, he is unfit to act as guardian
7. Adverse interest
8. Ceasing to reside within local limits of the jurisdiction of the Court
9. Bankruptcy or insolvency