Who can appoint testamentary guardian under Hindu law?

A testamentary guardian is one appointed by a will. The father of a minor may appoint such a guardian under his will. Formerly on his death, the testamentary guardian could function under the will as guardian of the minor even though the minor’s mother might then be alive.

Who are the testamentary guardian?

A Testamentary Guardian is one who is appointed by a will of the natural guardians of the minor. The testamentary guardian becomes entitled to act as the guardian of the minor after the death of the natural guardian.

Who are the natural guardian of a Hindu minor child what are the powers of testamentary guardian?

Testamentary guardians and their powers. (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.

Can a testamentary guardian alienate the undivided interest of a Hindu minor?

Section 8 of the Hindu Minority and Guardianship Act will not apply to such alienation. As a matter of fact, Section 12 provides that no guardian shall be appointed for the minor in respect of the undivided interest in a joint Hindu family.

What are the powers of testamentary guardian under Hindu law?

Testamentary Guardian is a guardian who is appointed by way of will. It is done to ensure that the child will have a guardian even after the death of the natural guardian who may require supervision over themselves or their estate. A testamentary guardian cannot act as a guardian if the natural guardians are alive.

Who Cannot appoint a guardian for his minor illegitimate children?

If mother does not appoint, father’s appointee will become the guardian. It seems that a Hindu father cannot appoint a guardian of his minor illegitimate children even when he is entitled to act as their natural guardian, as Section 9(1) confers testamentary power on him in respect of legitimate children.

What can a testamentary guardian do?

Testamentary Guardians are responsible for making decisions relating to the child’s day-to-day care including, but not limited to, where and with whom the child lives, where the child goes to school and decisions relating to medical treatment.

Can a special guardian appoint a testamentary guardian?

The rules are slightly different where a special guardian appoints a testamentary guardian. If the testator was the child’s only (or last surviving) special guardian, the testamentary guardian appointment will take effect. This applies even if there is a parent with Parental Responsibility still living.

Who is guardian under Hindu law?

Section 6 of India’s Hindu Minority and Guardianship Act, 1956 provides that the natural guardian of a Hindu minor boy or unmarried girl is the father, and only after him, the mother. It also provides that the guardian of a married minor girl is her husband.

Who can appoint a testamentary guardian What are the powers of such guardian?

Section 9 (4) states that a Hindu Mother, who is entitled to be the natural guardian, can by will appoint a testamentary guardian for any minor illegitimate child to take care of him and his property.

Who can claim maintenance under Hindu law?

The Code of Criminal procedure came into force in the year 1973 and according to Section 125 of this code, maintenance is granted to wives, children and parents irrespective of any religion or personal laws. Hence, it has provided for a better status to women by granting rights in a dignified manner.

Who is minor under Hindu law?

Under the Hindu Minority and Guardianship Act, 1956, S. 4(b), minor means a person who has not completed the age of eighteen years. A minor is considered to be a person who is physically and intellectually imperfect and immature and hence needs someone’s protection.

What does Hindu law say about testamentary guardianship?

Section 9 of the Hindu Minorities and Guardianship Act of 1956 states about Testamentary guardian and its powers. Section 9 (1) states that a Hindu father, who is the natural guardian of a minor legitimate child, has the authority and power to appoint any person to be the guardian of that child by including it into his will.

Who is the Hindu minority and Guardianship Act 1956?

Father who is the natural guardian of his minor children can appoint guardian for them who are known as testamentary guardians. Section 9 of the Hindu Minority and Guardianship Act, 1956, relates to the testamentary guardians and their powers.

What does it mean to be a testamentary guardian?

Under old Hindu Law, a testamentary guardian appointed by father could function even though when the mother was alive.

Who is the natural guardian under Hindu law?

After the enactment of Hindu Minorities and Guardianship Act of 1956, it is clear that natural guardians will have the preference over any other guardian. If the Father appoints a Testamentary guardian and mother outlives him, she will be the natural guardian.