Types Of Guardians And Their Rights Under Hindu Minority And Guardianship Act, 1956 & Guardians And Wards Act, 1890
Jatin Rana, BA LLB, Law College Dehradun
ABSTRACT
Minors are the one who are not capable to take decisions for their own welfare and maintenance of their property. Thus, guardians are important to act on their behalf for their welfare and protection of their property. This article deals with age of the majority in India and why it differs in different countries on the globe. It discusses briefly about the guardianship of major person in India. In case of minors, there are five types of guardians out of which two are not recognized in the present law of Hindu guardianship. The powers of each type of guardian differ from each other and the two which are not recognized in law are conferred no powers over the property of the minor. The court has the power to extend or restrict the powers of the guardians on the basis of the welfare of the minor and protection of his property. Even the guardians recognized under law cannot act independently over the minor’s property. Their powers are bounded initially by the court. They cannot deal without the prior permission of the court. Court also cannot permit any guardian to deal with the property except it is for the benefit of the minor.
