Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Core Definitions (Section 4)
Minor: Person who has not attained majority under Indian Majority Act 1875
Guardian: Person having care of minor's person, property, or both
Ward: Minor for whom there is a guardian
District Court: Includes High Court exercising ordinary original civil jurisdiction
Court's Power to Appoint Guardians (Section 7)
The court can make orders for:
· Appointing a guardian of person/property/both
· Declaring a person to be guardian
· Only when satisfied it's for the welfare of the minor
Key Rule: New appointment removes any existing guardian (except those appointed by will/court)
Who Can Apply (Section 8)
Four categories of applicants:
1. Person wanting to be guardian
2. Any relative or friend of minor
3. District Collector where minor resides/has property
4. Collector having authority over minor's class
Jurisdiction Rules (Sections 9-10)
For Person of Minor
· Apply to court where minor ordinarily resides
For Property of Minor
· Apply to court where minor resides OR where property is located
· Court may transfer case if another court can handle it better
Application Requirements
Must include 12 key details:
· Minor's name, sex, religion, DOB, residence
· Property details and value
· Existing guardians/custody arrangements
· Near relations and their locations
· Previous court applications
· Proposed guardian's qualifications
Court's Considerations in Appointment (Section 17)
Primary Principle: Welfare of the Minor
Factors to Consider:
· Minor's age, sex, religion
· Guardian's character and capacity
· Nearness of kin to minor
· Deceased parent's wishes
· Minor's intelligent preference (if old enough)
· Previous relations with minor
Absolute Rule: Cannot appoint anyone against their will
Restrictions on Appointment (Section 19)
Court CANNOT appoint guardian for:
· Married female whose husband is fit to be guardian
· Minor whose father or mother is living and fit
· Minor whose property is under Court of Wards
Guardian's Duties and Powers
Guardian of Person (Section 24)
Responsibilities:
· Custody of ward
· Support, health, education
· Other matters as law requires
Guardian of Property (Section 27)
Must deal with property as "ordinary prudent person" would with own property
Fiduciary Relationship (Section 20)
· Guardian stands in fiduciary relation to ward
· Cannot make profit from office
· Extends to transactions even after wardship ends
Important Limitations
Court-Appointed Guardians (Section 29)
Cannot do without court permission:
· Mortgage/sell immovable property
· Lease for more than 5 years or beyond minor's majority by more than 1 year
Testamentary Guardians (Section 28)
Powers subject to restrictions in the will/instrument
Permission Granted Only (Section 31)
· In case of necessity
· For evident advantage to ward
Removal of Guardian (Section 39)
Grounds for removal:
· Abuse of trust
· Failure to perform duties
· Incapacity
· Ill-treatment/neglect of ward
· Conviction of character-defecting offense
· Adverse interest
· Ceasing to reside in jurisdiction
· Bankruptcy (for property guardian)
Cessation of Authority (Section 41)
Guardian of Person ceases:
· Death/removal/discharge
· Ward ceases to be minor
· Female ward's marriage (to fit husband)
· Unfit parent becomes fit
Guardian of Property ceases:
· Death/removal/discharge
· Ward ceases to be minor
· Court of Wards takes over
Key Points to Remember
1. Welfare Principle
· Primary consideration in all decisions
· Overrides all other factors
2. Natural Guardians Priority
· Parents have natural right unless unfit
· Court intervention only when necessary
3. Property Protection
· Strict controls on property transactions
· Court permission required for major decisions
4. Procedural Requirements
· Proper notice to all interested parties
· Detailed applications with specific information
· Court discretion guided by law
5. Fiduciary Nature
· Guardian is a trustee, not owner
· No personal benefit from guardianship
· Accountable for all actions
This framework covers the essential provisions that demonstrate understanding of the Act's protective purpose for minors while balancing practical administration of guardianship responsibilities
