Guardianship

The word "guardianship" originated from the Old French word "guardien", meaning guardian, and the suffix "-ship", which forms a noun indicating a state, condition, or role. Guardianship is a legal relationship where a person or entity is appointed to make decisions and act on behalf of another individual who is unable to manage their own affairs due to minority (being under the age of 18), incapacity, or disability. The appointed guardian is responsible for the personal, financial, and/or property interests of the ward (the person under guardianship).

Official definition of 'Guardianship'

'Guardianship' as defined in legislation(s)

In India, guardianship is primarily governed by three key legislations:

1.The Guardians and Wards Act, 1890:

This Act provides a universal framework for the appointment and declaration of guardians for minors, irrespective of their religion. It defines a ‘guardian’ as “a person having the care of the person of a minor or of his property or of both his person and property.”

Section 7 of the GWA authorizes the court to appoint a guardian for the person or property or both of a minor, if it is satisfied that it is necessary for the ‘welfare of the minor.’

2. The Hindu Minority and Guardianship Act, 1956:

This act is applicable to Hindus; this Act defines a ‘guardian’ similarly and specifies the natural guardians of a Hindu minor.

Section 4(b) states: ‘guardian’ means a person having the care of the person of a minor or of his property or of both his person and property, and includes— (i) a natural guardian, (ii) a guardian appointed by the will of the minor's father or mother, (iii) a guardian appointed or declared by a court, and (iv) a person empowered to act as such by or under any enactment relating to any court of wards.

3.National Trust Act:

According to this act a guardian is a person who is appointed to look after another person or his property. He or she assumes the care and protection of the person for whom he/she is appointed the guardian. The guardian takes all legal decisions on behalf of the person and the property of the ward. The occasion for taking care of another person may be his minority that is, a person who has not completed 18 years of age. It can also refer to guardianship of a person who because of physical and mental deficiencies is unable to take care of himself or his property.

Types of Guardianship:

Types of guardian under the Guardians and wards act 1890:

1. Guardian of person :

Duties of guardian of the person (s.24).

—A guardian of the person of a ward is charged with the custody of the ward and must look to his support, health and education, and such other matters as the law to which the ward is subject requires

Title of guardian to custody of ward.(s.25)

(1) If a ward leaves or is removed from the custody of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to return to the custody of his guardian, may make an order for his return, and for the purpose of enforcing the order may cause the ward to be arrested and to be delivered into the custody of the guardian.

(2) For the purpose of arresting the ward, the Court may exercise the power conferred on a Magistrate of the first class by section 100 of the 2Code of Criminal Procedure, 1882 (10 of 1882).

(3) The residence of a ward against the will of his guardian with a person who is not his guardian does not of itself terminate the guardianship.

Removal of ward from jurisdiction(s.26)

(1) A guardian of the person appointed or declared by the Court unless he is the Collector or is a guardian appointed by will or other instrument, shall not, without the leave of the Court by which he was appointed or declared, remove the ward from the limits of its jurisdiction except for such purposes as may be prescribed.

(2) The leave granted by the Court under sub-section (1) may be special or general, and may be defined by the order granting it.

2. Guardian of property :

Duties of guardian of property(s.27).

A guardian of the property of a ward is bound to deal therewith as carefully as a man of ordinary prudence would deal with it if it were his own, and, subject to the provisions of this Chapter, he may do all acts which are reasonable and proper for the realisation, protection or benefit of the property.

Powers of testamentary guardian.(s.28)

Where a guardian has been appointed by will or other instrument, his power to mortgage or charge, or transfer by sale, gift, exchange or otherwise, immovable property belonging to his ward is subject to any restriction which may be imposed by the instrument, unless he has under this Act been declared guardian and the Court which made die declaration permits him by an order in writing, notwithstanding the restriction, to dispose of any immovable property specified in the order in a manner permitted by the order.

Limitation of powers of guardian of property appointed or declared by the Court.(s.29)

Where a person other than a Collector, or than a guardian appointed by will or other instrument, has been appointed or declared by the Court to be guardian of the property of a ward, he shall not, without the previous permission of the Court,—

(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of his ward, or (b) lease any part of that property for a term exceeding five years or for any term extending more than one year beyond the date on which the ward will cease to be a minor.

Viodability of transfers made in contravention of section 28 or section 29(s.30)

A disposal of immovable property by a guardian in contravention of either of the two last foregoing sections is voidable at the instance of any other person affected thereby.

Practice with respect to permitting transfers under section 29.(s.31)

(1) Permission to the guardian to do any of the acts mentioned in section 29 shall not be granted by the Court except in case of necessity or for an evident advantage to the ward.

(2) The order granting the permission shall recite the necessity or advantage, as the case may be, describe the property with respect to which the act permitted is to be done, and specify such conditions, if any, as the Court may see fit to attach to the permission; and it shall be recorded, dated and signed by the Judge of the Court with his own hand, or, when from any cause he is prevented from recording the order with his own hand, shall be taken down in writing from his dictation and be dated and signed by him.

(3) The Court may in its discretion attach to the permission the following among other conditions, namely:— (a) that a sale shall not be completed without the sanction of the Court; (b) that a sale shall be made to the highest bidder by public auction, before the Court or some person specially appointed by the Court for that purpose, at a time and place to be specified by the Court, after such proclamation of the intended sale as the Court, subject to any rules made under this Act by the High Court, directs; (c) that a lease shall not be made in consideration of a premium or shall be made for such term of years and subject to such rents and covenants as the Court directs; (d) that the whole or any part of the proceeds of the act permitted shall be paid into the Court by the guardian, to be disbursed therefrom or to be invested by the Court on prescribed securities or to be otherwise disposed of as the Court directs.

(4) Before granting permission to a guardian to do an act mentioned in section 29, the Court may cause notice of the application for the permission to be given to any relative or friend of the ward who should, in its opinion, receive notice thereof, and shall hear and record the statement of any person who appears in opposition to the application.

32. Variation of powers of guardian of property appointed or declared by the Court.—

Where a guardian of the property of a ward has been appointed or declared by the Court and such guardian is not the Collector, the Court may, from time to time, by order, define, restrict or extend his powers with respect to the property of the ward in such manner and to such extent as it may consider to be for the advantage of the ward and consistent with the law to which the ward is subject.

Right of guardian so appointed or declared to apply to the Court for opinion in management of property of ward.(s.33)

(1) A guardian appointed or declared by the Court may apply by petition to the Court which appointed or declared him for its opinion, advice or direction on any present question respecting the management or administration of the property of his ward.

(2) If the Court considers the question to be proper for summary disposal, it shall cause a copy of the petition to be served on, and the hearing thereof may be attended by, such of the persons interested in the application as the Court thinks fit.

(3) The guardian stating in good faith the facts in the petition and acting upon the opinion, advice or direction given by the Court shall be deemed, so far as regards his own responsibility, to have performed his duty as guardian in the subject-matter of the application.

Obligations on guardian of property appointed or declared by the Court(s.34)

Where a guardian of the property of a ward has been appointed or declared by the Court and such guardian is not the Collector, he shall,

(a) if so required by the Court, give a bond, as nearly as may be in the prescribed form, to the Judge of the Court to ensure for the benefit of the Judge for the time being, with or without sureties, as may be prescribed, engaging duly to account for what he may receive in respect of the property of the ward;

(b) if so required by the Court, deliver to the Court, within six months from the date of his appointment or declaration by the Court, or within such other time as the Court directs, a statement of the immovable property belonging to the ward, of the money and other movable property which he has received on behalf of the ward up to the date of delivering the statement, and of the debts due on that date to or from the ward;

(c) if so required by the Court, exhibit his accounts in the Court at such times and in such form as the Court from time to time directs;

(e) if so required by the Court, pay into the Court at such time as the Court directs the balance due from him on those accounts, or so much thereof as the Court directs; and

(f) apply for the maintenance, education and advancement of the ward and of such persons as are dependent on him, and for the celebration of ceremonies to which the ward or any of those persons may be a party, such portion of the income of the property of the ward as the Court from time to time directs, and, if the Court so directs, the whole or any part of that property.

Suit against guardian where administration bond was taken.(s.35)

Where a guardian appointed or declared by the Court has given a bond duly to account for what he may receive in respect of the property of his ward, the Court may, on application made by petition and on being satisfied that the engagement of the bond has not been kept, and upon such terms as to security, or providing that any money received be paid into the Court, or otherwise as the Court thinks fit, assign the bond to some proper person, who shall thereupon be entitled to sue on the bond in his own name as if the bond had been originally given to him instead of to the

Suit against guardian where administration bond was not taken.(s36.)

(1) Where a guardian appointed or declared by the Court has not given a bond as aforesaid, any person, with the leave of the Court, may, as next friend, at any time during the continuance of the minority of the ward, and upon such terms as aforesaid, institute a suit against the guardian, or, in case of his death, against his representative, for an account of what the guardian has received in respect of the property of the ward, and may recover in the suit, as trustee for the ward, such amount as may be found to be payable by the guardian or his representative, as the case may be. Judge of the Court, and shall be entitled to recover thereon, as trustee for the ward, in respect of any breach thereof.

(2) The provisions of sub-section (1) shall, so far as they relate to a suit against a guardian, be subject to the provisions of section 440 of the Code of Civil Procedure (14 of 1882) as amended by this Act.

General liability of guardian as trustee.(s.37)

Nothing in either of the two last foregoing sections shall be construed to deprive a ward or his representative of any remedy against his guardian, or the representative of the guardian, which, not being expressly provided in either of those sections, any other beneficiary or his representative would have against his trustee or the representative of the trustee.

Termination of Guardianship

Section38-Right of survivorship among joint guardians.

On the death of one of two or more joint guardians, the guardianship continues to the survivor or survivors until a further appointment is made by the Court.

Section39- Removal of guardian.

The Court may, on the application of any person interested, or of its own motion, remove a guardian appointed or declared by the Court, or a guardian appointed by will or other instrument, for any of the following causes, namely:— (a) for abuse of his trust; (b) for continued failure to perform the duties of his trust; (c) for incapacity to perform the duties of his trust; (d) for ill-treatment, or neglect to take proper care, of his ward; (e) for contumacious disregard of any provision of this Act or of any order of the Court; (f) for conviction of an offence implying, in the opinion of the Court, a defect of character which unfits him to be the guardian of his ward; (g) for having an interest adverse to the faithful performance of his duties; (h) for ceasing to reside within the local limits of the jurisdiction of the Court; (i) in the case of a guardian of the property, for bankruptcy or insolvency; (j) by reason of the guardianship of the guardian ceasing, or being liable to cease, under the law to which the minor is subject: Provided that a guardian appointed by will or other instrument, whether he has been declared under this Act or not, shall not be removed— (a) for the cause mentioned in clause (g) unless the adverse interest accrued after the death of the person who appointed him, or it is shown that that person made and maintained the appointment in ignorance of the existence of the adverse interest, or (b) for the cause mentioned in clause (h) unless such guardian has taken up such a residence as, in the opinion of the Court, renders it impracticable for him to discharge the functions of guardian.

Section40- Discharge of guardian.

(1) If a guardian appointed or declared by the Court desires to resign his office, he may apply to the Court to be discharged.  

(2) If the Court finds that there is sufficient reason for the application, it shall discharge him, and if the guardian making the application is the Collector and the State Government approves of his applying to be discharged, the Court shall in any case discharge him.

Section41- Cessation of authority of guardian.

(1) The powers of a guardian of the person cease— (a) by his death, removal or discharge; (b) by the Court of Wards assuming superintendence of the person of the ward; 1. See now Order XXXII, rules 1 and 4(2), in the First Schedule to the Code of Civil Procedure, 1908 (Act 5 of 1908). 13 (c) by the ward ceasing to be a minor; (d) in the case of a female ward, by her marriage to a husband who is not unfit to be guardian of her person or, if the guardian was appointed or declared by the Court, by her marriage to a husband who is not, in the opinion of the Court, so unfit; or (e) in the case of a ward whose father was unfit to be guardian of the person of the ward, by the father ceasing to be so or, if the father was deemed by the Court to be so unfit, by his ceasing to be so in the opinion of the Court.

(2) The powers of a guardian of the property cease— (a) by his death, removal or discharge; (b) by the Court of Wards assuming superintendence of the property of the ward; or (c) by the ward ceasing to be a minor.

(3) When for any cause the powers of a guardian cease, the Court may require him or, if he is dead, his representative to deliver as it directs any property in his possession or control belonging to the ward or any accounts in his possession or control relating to any past or present property of the ward. (4) When he has delivered the property or accounts as required by the Court, the Court may declare him to be discharged from his liabilities save as regards any fraud which may subsequently be discovered.

Section42- Appointment to successor to guardian dead, discharged or removed.

When a guardian appointed or declared by the Cowl is discharged, or, under the law to which the ward is subject, ceases to be entitled to act, or when any such guardian or a guardian appointed by will or other instrument is removed or dies, the Court, of its own motion or on application under Chapter II, may, if the ward is still a minor, appoint or declare another guardian of his person or property, or both, as the case may be.

General types:

3.Legal Guardianship:

A guardian is a person who is appointed by the court to look after another person or his property. He or she assumes the care and protection of the person for whom he/she is appointed the guardian. The guardian takes all legal decisions on behalf of the person and the property of the ward. The occasion for taking care of another person may be his minority that is, a person who has not completed 18 years of age.

It can also refer to guardianship of a person who because of physical and mental deficiencies is unable to take care of himself or his property. From early times, the condition of minority has been the ground for appointment of guardians in all societies. This is due to the fact that a minor person is considered unfit to take decisions for himself, which can be binding on him as regards others. Therefore, a minor person is treated in law as incompetent to enter into contract with a person who is an adult. In all matters therefore, a minor has also been considered unfit to represent himself except through his guardian. A guardian takes decision on behalf of the minor for protecting the interests of the minor and his property.

4.Natural Guardianship:

Section 6 of the Act mentions the natural guardians to be:

The natural guardians of a Hindu minor; in respect of the minor's person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are—

(a) In the case of a boy or an unmarried girl - the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother.

(b) In the case of an illegitimate boy or an illegitimate unmarried girl - the mother, after her - the father.

(c) In the case of a married girl - the husband.

Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section:

(a) if he has ceased to be a Hindu, or

(b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi).

Powers of Natural Guardian - Section 8

1. The guardian may act and do everything which is necessary for the benefit and in the interest of the minor.
2. The guardian cannot mortgage, charge, gift, sell, or exchange the immovable property of the minor. He can do so only with the permission of the court.
3. The guardian, if required, can lease any part of the property for a period of five years but not beyond that. If the lease is to be made exceeding five years, then the permission of the court is required.
4. If the guardian does not follow the rule and disposes of the immovable property, then it shall be voidable at the option of minor or any other person claiming on behalf of the minor.
5. No Court shall grant permission to the natural guardian to do any act which is not in the interest of the minor.
6. The court shall allow the guardian to transfer or lease the property only when it finds necessary to do so in the interest or advantage of the minor.

5.Testamentary Guardianship:

The guardian who is appointed by will or a testament of a person is known as a testamentary guardian.

The provisions regarding testamentary guardian are as follows:

(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 no 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.

6.De facto Guardianship:

1. A de facto guardian means a self-appointed guardian.He is a person who, by reason of fact, becomes the guardian of a child. After the death of natural guardians, any person who takes care of the child’s well-being and necessities becomes the de facto guardian.
2. He is a person who takes continuous interest in the welfare of a minor’s person or in management or administration of minor’s property without any authority of law.
3. Alienation of property made by de facto guardian without court’s intervention is void.
4. De Facto guardian is not allowed to dispose or deal with the property of the minor, and it is given that the guardian does not have the right to take any debt according to section 11 of the Act.

In the case of Amanat Hussain and Anr. v. Sahida Begum and Ors (2015), The Gauhati High Court ruled that property transfers conducted by de facto guardians are equivalent to those carried out by de jure guardians according to Hindu Law. If such transfers lack proper justification, they can be contested and are voidable.

7. Guardian Appointed  by Court

The courts are empowered to appoint guardians under the Guardians and Wards Act, 1890.The Hindu Minority and Guardianship Act is supplementary to Guardians and Wards Act.

1. The District Court may appoint any person as the guardian whenever it finds that it is necessary for the benefit of the child.
2. The District Court has the power to appoint or declare a guardian in respect of the person as well as for separate property of the minor or for both.
3. While appointing guardian, the court shall take into consideration various factors like age of child, gender, personal law of child etc. But the main motive is the welfare of the children.Under Section 13 of the Act, under the appointment of any person as guardian, the welfare of the child is the paramount consideration.

In Mohini v. Virendra (2017), The SC has held that while appointing or declaring a person as the guardian of the minor, welfare of the minor shall be the paramount consideration.

Removal of a Guardian Court - Section 13

Section 13 of the Hindu Minorities and Guardianship Act, 1956 states about the welfare of the child and hence gives a right to the court to terminate the guardianship of any person if the appointment is not made for the welfare of the child.

Guardianship can be ended in a situation when either the guardian has witnessed some unforeseeable circumstance, or the court feels that the guardianship was not in the welfare of the child.

8.Ad Hoc Guardian:

The term ‘ad hoc’ means “for this purpose.” An ad hoc guardian is appointed for a specific purpose or transaction, unlike a de facto guardian who assumes a continuous role in managing the minor’s affairs. Before a person can be described as a de facto guardian, there must be a course of conduct in that capacity, implying some continuity of conduct and management of the property beyond an isolated act.A person who has never intermeddled or acted as a guardian over many years cannot come forward and claim to be a de facto guardian authorised to sell property on behalf of a minor. Such a person would be a guardian ad hoc, not a de facto guardian.

Ad Hoc guardians are not explicitly outlined in the primary statutes, its necessity and utility are recognised through judicial interpretation and practice. The role of an ad hoc guardian is critical in ensuring that the welfare and rights of minors are upheld, particularly in urgent and transactional contexts.This guardian is appointed for a specific situation or for a short time, helping with immediate needs or decisions for the child.

9.Guardian Ad Litem:

In light of the law laid down in the C.P.C. and thereafter in light of the law interpreted by the Apex Court it can be said that a “guardian ad litem” is a special guardian appointed by a court in which a particular litigation is pending to represent a minor/infant, etc. in that particular litigation and the status of guardian ad litem exists in that specific litigation in which appointment occurs.This guardian is appointed by the court to represent a child’s interests during legal matters, making sure the child’s rights are protected.

Who may be appointed as a guardian under sec4.

Who may act as next friend or be appointed guardian for the suit.

(1) Any person who is of sound mind and has attained majority may act as next friend of a minor or as his guardian for the suit:Provided that the interest of such person is not adverse to that of the minor and that he is not, in the case of a next friend, a defendant, or, in the case of a guardian for the suit, a plaintiff.

(2) Where a minor has a guardian appointed or declared by competent authority, no person other than such guardian shall act as the next friend of the minor or be appointed his guardian for the suit unless the Court considers, for reasons recorded, that it is for the minor’s welfare that another person be permitted to act or be appointed, as the case may be.

(3) No person shall without his consent in writing be appointed guardian for the suit.

(4) Where there is no other person fit and willing to act as guardian for the suit, the Court may appoint any of its officers to be such guardian, and may direct that the costs to be incurred by such officer in the performance of his duties as such guardian shall be borne either by the parties or by any one or more of the parties to the suit, or out of any fund in Court in which the minor is interested or out of the property of the minor and may give directions for the repayment or allowance of such costs as justice and the circumstances of the case may require.”

Grounds of Removal of a Guardian

There are certain grounds that are necessary to be considered before the removal of the guardian which are stated below:

1. When he uses the property of a minor for his personal use.
2. When he renounces the world and becomes a Sanyasi.
3. When he ceases to be a Hindu.
4. The court can remove him if it finds that it is not in the best interest of the child.

Appearances in official databases

3.The National Trust Act, 1999:

Factors to be considered

Section 17 lays down factors to be considered by the court when appointing guardians.23 Section 17(1) states that courts shall be guided by what the personal law of the minor provides and what, in the circumstances of the case, appears to be for the ‘welfare of the minor.’ Section 17(2) clarifies that in determining what is for the welfare of the minor, courts shall consider the age, sex and religion of the minor; the character and capacity of the proposed guardian and how closely related the proposed guardian is to the minor; the wishes, if any, of the deceased parents; and any existing or previous relation of the proposed guardian with the person or property of the 20 For instance, Guardians and Wards Act, No. 8 of 1890, § 17. 24 Guardian and Wards Act, No. 8 of 1890, § 17(1). 13 minor.25 Section 17(3) states that if the minor is old enough to form an intelligent opinion, the court ‘may’ consider his/her preference.

Section 19 of the GWA deals with cases where the court may not appoint a guardian. Section 19(b) states that a court is not authorized to appoint a guardian to the person of a minor, whose father or mother is alive, and who, in the opinion of the court, is not unfit to be a guardian.

Section 25 of the GWA deals with the authority of the guardian over the custody of the ward.Section 25(1) states that if a ward leaves or is removed from the custody of the guardian, the court can issue an order for the ward’s return, if it is of the opinion that it is for the ‘welfare of the ward’ to be returned to the custody of the guardian.31

The duties, rights and liabilities are given under section 20-23 of the GWA:

Section 20 of the act discusses the fiduciary relation of guardian to ward

(1) A guardian stands in a fiduciary relation to his ward, and, save as provided by the will or other instrument, if any, by which he was appointed, or by this Act, he must not make any profit out of his office.

(2) The fiduciary relation of it guardian to his ward extends to and affects purchases by the guardian of the property of the ward, and by the ward of the property of the guardian, immediately or soon after the ward has ceased to be a minor, and generally all transactions between them while the influence of the guardian still lasts or is recent.

Section 21 gives the capacity of minors to act as guardians:

A minor is incompetent to act as guardian of any minor except his own wife or child or where he is the managing member of an undivided Hindu family, the wife or child of another minor Member of that family.

Section 22 discusses the remuneration of guardian :

(1) A guardian appointed or declared by the Court shall be entitled to such allowance, if any, as the Court thinks fit for his care and paints in the execution of his duties.

(2) When an officer of the Government, as such officer, is so appointed or declared to be guardian, such fees shall be paid to the Government out of the property of the ward as the State Government, by general or special order, directs.

Section 23 gives control of collector as guardian :

A Collector appointed or declared by the Court to be guardian of the person or property, or both, of a minor shall, in all matters connected with the guardianship of his ward, be subject to the control of the State Government or of such authority as that Government, by 1notification in the Official Gazette, appoints in this behalf.

The Hindu Minority and Guardianship Act, 1956

The Hindu Minority and Guardianship Act, 1956 is applicable to Hindus, this Act defines a ‘guardian’ similarly and specifies the natural guardians of a Hindu minor.

Section 4(b) states: ‘guardian’ means a person having the care of the person of a minor or of his property or of both his person and property, and includes— (i) a natural guardian, (ii) a guardian appointed by the will of the minor's father or mother, (iii) a guardian appointed or declared by a court, and (iv) a person empowered to act as such by or under any enactment relating to any court of wards.

The Hindu Minority and Guardianship Act, 1956 (hereinafter, HMGA) provides that the father is the natural guardian of a minor, and after him, it is the mother. Section 6(a) of the HMGA provides that: (1) in case of a minor boy or unmarried minor girl, the natural guardian is the father, and ‘after’ him, the mother; and (2) the custody of a minor who has not completed the age of five years shall ‘ordinarily’ be with the mother (emphasis added).

In Gita Hariharan v. Reserve Bank of India, the constitutional validity of Section 6(a) was challenged as violating the guarantee of equality of sexes under Article 14 of the Constitution of India. examined whether, as per the scheme of the statute, the mother was disentitled from being a natural guardian during the lifetime of the father.

Section 13 of the HMGA declares that, in deciding the guardianship of a Hindu minor, the welfare of the minor shall be the ‘paramount consideration’ and that no person can be appointed as guardian of a Hindu minor if the court is of the opinion that it will not be for the ‘welfare’ of the minor. Thus for deciding questions of guardianship for Hindu children, their welfare is of paramount interest, which will override parental authority. But for non-Hindu children, the court’s authority to intervene in furtherance of the welfare principle is subordinated to that of the father, as the natural guardian.

National Trust Act

A guardian is a person who is appointed to look after another person or his property. He or she assumes the care and protection of the person for whom he/she is appointed the guardian. The guardian takes all legal decisions on behalf of the person and the property of the ward. The occasion for taking care of another person may be his minority that is, a person who has not completed 18 years of age. It can also refer to guardianship of a person who because of physical and mental deficiencies is unable to take care of himself or his property.

From early times, the condition of minority has been the ground for appointment of guardians in all societies. This is due to the fact that a minor person is considered unfit to take decisions for himself, which can be binding on him as regards others. Therefore, a minor person is treated in law as incompetent to enter into contract with a person who is an adult. In all matters therefore, a minor has also been considered unfit to represent himself except through his guardian. A guardian takes decision on behalf of the minor for protecting the interests of the minor and his property.

Procedure to attain Guardianship under the National Trust Act:

Under section 14 of the National Trust Act, the Local Level Committee headed by the District Collector is empowered to receive application in Form A under Rule 16(1) & appoint guardians in Form B under Rule 16(2) for persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities. It also provides mechanism for monitoring and protecting their interests including their properties.

Duties of Guardian

Section 16 (1) states that “Every person appointed as a guardian under section 14 shall, within a period of six months from the date of his appointment, deliver to the authority which appointed him, an inventory of immovable property belonging to the person with disability and all assets and other movable property received on behalf of the person with disability, together with a statement of all claims due to and all debts and liabilities due by such person with disability”.

Section 16 (2) state that “Every guardian shall also furnish to the said appointing authority within a period of three months at the close of every financial year, an account of the property and assets in his charge, the sums received and disbursed on account of the person with disability and the balance remaining with him”.

Who may apply for guardianship

Section 11 of Regulations:

1. Both the parents may jointly, or, in the event of the absence of one due to death, divorce, legal separation, desertion or conviction, may singly apply for guardianship of their or as the case may be his ward beyond the age of 18 years.
2. In the event of death, desertion, conviction of both the parents, the siblings (including half and step siblings) jointly or singly (reason of single application to be explained separately) may apply for guardianship of a disabled member of the family.
3. In the event of non-application of sub-regulation (1) and (2) above, a relative may make an application for guardianship.
4. In the event of non-application of sub-regulation (1), (2) and (3), any registered organization may make an application for guardianship.
5. The Local Level Committee may direct a registered organization to make an application for guardianship in case of a destitute or abandoned person.

Who may be indicated by applicant as guardian (Section 12 of Regulations)

1. Both the parents jointly, or, singly in the event of the absence of one due to death, divorce, legal separation, desertion or conviction, being natural guardian of minor may apply to the Local Level Committee to get themselves or himself as the case may be, appointed as guardian of their or as the case may be, his disabled ward beyond the age of 18, in which case the application shall be accepted unless the parent is disqualified on account of
   1. loss of citizenship;
   2. being of unsound mind;
   3. being convicted by a court of law; or iv. being a destitute.
2. The applicant may indicate siblings, or any member of the family or any other person or a registered institution for consideration as a guardian and in case of institutions, the conditions of eligibility of institutions shall be as stipulated in sub-regulation (3), (4) and (5).
3. In the case of considering the institution as a guardian, the institution must be registered under a law and be capable of providing care of the person.
4. In the event of institution ceasing to be registered under a law or stops functioning, or is found otherwise unsuitable, the Local Level Committee shall make alternative arrangements for the foster care of any such inmate or the ward, who is under the care of any such institute.
5. The alternative care under sub-regulation (4) shall not be permanent in nature and shall be placed by permanent guardianship within a period of one year.
6. The applicant must be living in the vicinity or close proximity to the place where the ward has been habitually living at the time of appointment of guardian.
7. No single male shall be considered as a guardian for a female ward and in the case of female wards, the male person shall be given co-guardianship with his spouse, who shall be master co- guardian.

Guardianship under other personal laws

1.Muslim Personal laws :

Under the Mohammedan Law Chapter VI - Guardianship it describes who has the guardianship of the child and from what period. According to chapter 6 a two-year period is sufficient for breast feeding a boy, after which he needs the guidance of his father. The mother might have the custody of the child but the father has the guardianship. Entitling him for the right to take any decision for the future of the child. He has the ultimate authority to decide matters regarding the future of the child be it his/her education, or contracting marriage. That is why mother living far from the residence of the father was one of the grounds for the disqualification of the mother for taking custody.

In Gulamhussain Kutubuddin Maner v. Abdulrashid Abdulrajak Maner, the Supreme Court, observed that during the lifetime of the father, mother cannot be the guardian of the minor to accept a gift on his behalf we are of the view that where the father of a minor is alive, the mother of a minor cannot be appointed as a guardian of a minor to accept the gift on his behalf.Thus, during the lifetime of the father, mother cannot technically accept a gift for the minor, or take any other decision for the welfare of the child as a guardian. The role prescribed here indicates the typical division of the labour based on gender. It flows from the notion that a man is provider of the family and he has the ultimate responsibility to protect them; on the other hand, a woman is to look after the house and the needs of the children.

In Suharabi v. D. Mohammed, where the father objected to the mother‘s custody of the one-and-a-half year-old daughter on the ground that she was poor, the Kerala High Court held that the mother was authorized to have custody of a daughter of that age under Islamic law

.

In  Md. Jameel Ahmed Ansari v. Ishrath Sajeeda, the Andhra Pradesh High Court awarded the custody of an eleven-year-old boy to the father, on the ground that Muslim law allowed the mother to have exclusive custody only until the age of seven in case of male children, and there was nothing to prove that the father was unfit to be a guardian in this case. In another case, the Madhya Pradesh High Court interpreted Mahomedan Law to allow custody for the mother.

2.Christian Personal laws :

The statutes codifying the Christian laws do not deal with the concept of custody and guardianship. The reason might be that they are covered under the Indian Divorce Act, 1869 and the Guardians and Wards Act, 1890. The above said two statutes somewhat cover guardianship and custody under Christian Law. The provisions laid down in the Indian divorce Act 1869 endorse the principle of best interest of the child and do not talk about the preferential right of one parent over the other. Thus, leaving no room for gender inequality. The matter related to the guardianship of minors are dealt under the provisions of the Guardians and Wards Act, 1890.

3. Parsi Personal laws :

The law governing guardianship for the Parsi community is the Guardians and Wards Act, 1890. Section 49 of the Parsi Marriage and Divorce Act, 1936, (the Act 1936) provides that the court has the power to decide the interim custody of the child. The court can, from time to time prescribe such terms and conditions, which it deems necessary for the welfare of the child. The court can also pass order with regard to the maintenance and education of the minor.

Legal Guardianship and Custody of Adults with Mental Disabilities

1.Mental Healthcare Act, 2017

Mental Healthcare Act, 2017 The MHA has done away with the provision for appointment of a guardian for person or property, which was allowed under its predecessor legislation – Mental Health Act, 1987 (now repealed). The MHA is well intentioned and attempts to make the battle against mental illness – a participative process. The patient is given the power to make his/her own decisions in a social setting. Mentally ill persons are empowered to appoint and revoke their appointment of nominated representatives at any point of time.

The qualifications to be a nominated representative are:

(1) age of majority;

(2) person is competent to perform and discharge his duties; and

(3) consent in writing has been given by the person being appointed.

The difference between a nominated representative and a guardian is that the former is appointed by the person themself, while the latter is appointed by the court or a designated authority; and more importantly, the former aids in making treatment decisions, while the latter makes legally binding decisions on the behalf of the person....

The act defines a guardian as a person who is appointed to look after another person. They have to assume the care and protection of the person for whom they are appointed as a guardian. The guardian takes all legal decisions on behalf of the person concerned.

In India, children above the age of eighteen years are considered major and custody laws do not apply to them. Though it is not mandatory to apply for legal guardianship of a person with a disability, since the National Trust Act, 1999 has made provision for such appointment it is always advantageous to apply for legal guardianship under the provisions of the said Act. Such occasion may arise when a person with a disability has to deal with issues related to himself, his interests, and their properties and since he/she may not always be able to make appropriate decisions in those respects, it would be in the best interests if represented by a legal guardian in such matters.

People with autism, cerebral palsy, mental disabilities are in a special situation as even after they have acquired 18 years of age, they may not always be capable of managing their own lives or taking legal decisions for their own betterment. Therefore, they may require someone to represent their interests in the legal areas throughout their lives. However, in cases of cerebral palsy and multiple disabilities, there may be a need for only limited guardianship because of the availability of enabling mechanisms and/ or scientific facilitations that enable such persons to function with varying degrees of independence.

2. Rights of Persons with Disabilities Act, 2016

The RPWD is applicable for people with all disabilities and thereby, is wider in scope. The RPWD aims to bring about a social change by giving persons with disabilities an opportunity to be legally autonomous and independent, helping them to break the barrier and interact with the society. The legislation states that, whenever there is a clash of opinions on matters concerning persons with disabilities, the person with disability’s opinion shall prevail over that of the persons providing support, like the mother or father.

However, if there is still a requirement of the individual with the disability needing support, an application can be made to the District Court, or an authority notified by the State Government for appointment/removal of a guardian. The criterion that the authority shall consider in deciding a guardianship application is whether the person with the disability is able to take legally binding decisions on his own accord.

The RPWD provides for a limited guardianship which can be understood as a form of guardianship that would operate on a spirit of mutuality between the person with disability and the guardian and it shall be limited to either a specified period, or a particular decision or situation. Thus, the limited guardianship would operate as per the will of the person with disability, differing from the form of a traditional guardianship.

Section 13 of the Rights of Persons with Disabilities Act 2016 (RPD Act) recognises that persons with disabilities have the legal capacity with respect to financial matters, inheritance, etc. It provides that the Government must undertake suitable measures to enable persons with disabilities to enter into financial contracts and own property in their name without any discrimination. The statute also mandates that persons with disabilities should have legal capacity on par with others. Section 14 provides for limited guardianship of persons with disabilities where they require additional support or assistance. The limited guardian is expected to act based on mutual trust and decisions with the consent of the persons with disabilities who appoint them.

The RPD Act clearly recognises the legal capacity of people with disabilities. This is in accordance with Article 12 of the United Nations Convention on the Rights of Persons with Disabilities, 2006 which also recognises legal capacity and calls for member states to provide protection to people with disabilities. While all guardians appointed under any other law before April 2017 (when the RPD Act came into effect) would be limited guardians, the RPD Act does not clarify the status of guardians appointed under other laws after its enactment. This is particularly crucial as it also does not provide for any procedure to appoint guardians.

As held in Kailas Natarajan v. District Police Chief dismissed the writ petition of Habeas Corpus filed by the petitioner for the release of his 21-year-old partner and ‘yoga student’ from her parents' alleged forceful detention or illegal custody. He had relied on the Supreme Court’s decision in Shafin Jahan v. Asokan K.M where it was held that an adult is capable of making their own life choices, without any hindrance.

3.National Trust Act, 1999

NTA only applies in cases wherein the person is suffering from: (1) autism; (2) cerebral palsy; (3) mental retardation; or (4) multiple disabilities. The NTA specifically defines instances of autism, cerebral palsy and mental retardation, whereas the instance of multiple disabilities means a combination of two or more disabilities out of the following: (1) blindness; (2) low vision; (3) leprosy cured; (4) hearing impairment; (5) locomotor disability; (6) mental retardation; and (7) mental illness. It is important to note that an application under the NTA can be made irrespective of the age of the individual with special needs.However, the qualifying conditions to appoint a guardian, which are discussed below, are stricter than the GWA. Further, the rights accorded hereunder are not of guardianship, but rather of limited guardianship.

For an individual with special needs as specified above, a guardianship application can only be filed by such a person’s parents or siblings. Failing this, the role may be taken on by relatives, and in the absence of relatives, by a registered institution. This application for guardianship shall be only for a limited guardian, due to the provisions of the RPWD. The guardianship applications are considered by a committee constituted under the NTA, based on whether the person with disability requires a guardian and the scope of the guardianship itself. A similar process is available for removal of the guardian.

The qualifying criteria set out to be a guardian under the NTA are as follows:

(1) must be a citizen of India;

(2) neither of unsound mind nor undergoing treatment for mental illness;

(3) does not have history of criminal conviction;

(4) not destitute and dependent on others for his/her own living;

(5) has not been declared bankrupt or insolvent;

(6) must reside in close proximity to the person with disability; and

(7) in case of female ward, a male guardian cannot be a sole guardian....

Rules for court appointed guardian given by Delhi High Court:

1.Application for appointment of a guardian shall be in from A.

Applications for the appointment of a guardian of the person or property, or both, of a minor under section 10 of the Act shall, subject to such variation as the circumstances of each case may reqiure, be in Form A annexed to these rules.

2.Notice required by section 11 shall be in form B.

The notice required by section 11 of the Act shall be in Form B annexed to these rules.

3.Form and time for filing statement of property and debts.

T he statement showing the property and the debts of a ward, as required by clause (b) of section 34 of the Act, shall be in Form C annexed to these rules.

4.Guardian Certificate points to be noted thereon.

When a guardian is appointed under the Act, he should be furnished with a certificate of guardianship, in Form F, and his attention should be drawn in particular to the provisions of sections 26. 27, 23, 29, 32. 33, 35, 36, 39, 44 and 45 of the Act which shall be printed in full on the back of the said certificate. The certificate shall also state any special restrictions imposed by the Court on the powers of the guardian at the time of his appointment.

5.Bonds required from guardian their forms and  amount.

Except in cases in which, for reasons to be recorded writing, the Court directs otherwise, every guardian of property appointed by the Court (other than the Collector of the District) shall be required to execute a bond, with or without a surety or sureties as the Court may think fit to direct, in a sum not less than the total estimated value of the said certificate. The certificate shall also state any special restrictions. Bonds shall be in Form D annexed to these rules with such variations or modifications as will suit the circumstances of each case.

6.Time to be fixed for filing bonds. Allowance of Guardians and other orders.

Orders in respect of (a) the execution, or otherwise, of such bond, and (b) the amount, if any, of the allowance to be paid to the guardian, shall be made by the Court at the time of appointing the guardian. When a bond is required the Court shall fix the time within which such bond is to be furnished and the order of appointment shall be made conditional on furnishing the bond.

7.Entry of application in register No. 2. Cases in which periodical accounts are to be put in to be entered in Re gister E.

(1) Every application for appointment of a guardian shall be entered in Civil Miscellaneous Register No. 2.

(ii) Every case, in which a guardian of property is appointed and the guardian is directed to file accounts periodically, shall be entered in register No. XXVI (Form E) and the particulars prescribed therein shall be entered from time to time as soon as orders are passed by the Court, or the particulars are available. Cases should be entered in this register chronologically and an alphabetical index thereof given in the beginnig of the register.

8.Accounts should scrutinized once a in be year cases of large income.

When the annual income of the ward's estate appears likely to exceed Rs. 500, and in other cases if the Court thinks fit to so order, the guardian should be directed to submit to the Court once a year and on a fixed date an account of the income and expenditure of the estate together with a list of the property, movable or immovable, sold or purchased, and of the amounts due to and from the ward. Such account shall be scrutinised by the Judge, who should certify that he had done so and should record such remarks thereon as may be necessary.

9.Such cases to be treated as pending-minor to be produced before Court in such cases.

When a guardian is required to submit yearly accounts to the Court, the case should, until the ward concerned attains his majority, be treated as pending and the ward should be produced before the Court on the dates on Time to be fixed for filing bonds. Allowance of Guardians and other orders. Entry of application in register No. 2. Cases in which periodical accounts are to be put in to be entered in Re gister E. Accounts should scrutinized once a in be year cases of large income which returns have to be furnished by the guardian, such dates to be reckoned as dates of hearing and entered as such in the cause book of the Court.

10.Notice of application under sections 28 and 29 to be given to persons affected by it.

When an application is made by a guardian for any of the purposes referred to in sections 28 and 29 of the Act, the Court should, before disposing of it, cause notice thereof to be given to such persons, whether relatives of the ward or otherwise connected with him, as the Court may consider to be affected by the application.

11.Annual Inspection of Wards by Courts.

In the absence of sufficient reason to the contrary, all male wards should be produced before the Court once a year, and the Court should, so far as is possible, examine their physical, intellectual and moral conditions, and ask them whether they have any remarks to make on the subject of the management of their estates. To facilitate this arrangement the Court should maintain a list of all such wards.

12.Inspection of statements and accounts filed by the guardian.

All statements and accounts submitted by a guardian should be kept with the records of the case to which they relate; and may, with the permission of the Court, be inspected by any person legitimately interested in the same, on payment of the ordinary inspection fee. Such statement and accounts and relevant extracts from Audit Notes and objections together with annotated copies of the same and relevant correspondence on the subject, should be kept on part 'A' of the records.

13.Opening of accounts in approved banks in the name of minors for current expenses. Investment of surplus money in Government securities.

Where the Court deems is necessary to direct the guardian to open an account in a bank, the account shall be in the name of the minor through his guardian in the Post Office Savings Bank, or in the State Bank of India, or in any other bank approved by the High Court. If after payment of the current expenses of the estate and of the ward's maintenance, there should be any balance, such balance should be invested by the guardian in Government Promissory Notes, Post Office Cash Certificates, or in any other securities mentioned in clauses (a) (b) (c) and (d) of section 20 of the Indian Trusts Act.

Section 14.

(1) In cases in which the ward's estate is under the management of Government, in the person of the District Judge, the Collector or other Government officer, surplus moneys may be invested in Government Promissory Notes, purchased through and held in the safe custody of the Reserve Bank of India, in accordance with the pro cedure laid down in paragraph 110 (b) and note 1 to paragraph 101 of Chapter IX of the Government Securities Manual 3rd adition. The income of the estate required for current expenses of the management of the estate, the maintenance, and education of the ward, should be deposited in the treasury. (ii) The deposit of money in a private bank in the name of the District Jude or other Government officer, as a guardian of a ward's estate, is prohibited,—Vide rule 7 et seq, section V of the Treasury Rules (Punjab).

15.Court may pass order for proper education of the ward in certain cases.  

When it appears to the Court, at the annual inspection of the ward or otherwise, that orders are required as to the education of the ward, the Court should pass such orders as appear to suit the case, regard being had to the present position and future prospects of the ward's family and the intellectual capabilities of the ward himself.

16.Management of Ward’s estates to be noted in annual report.

The management of wards' estates should be specially noted in the Annual Civil Report submitted by each District Judge and detailed mention should be made of the main facts relating to the more important estates.

Rules made by the High Court with the approval of the State Government under the Guardians and Wards Act, 1890:-

1. Application for appointment of a guardian shall be in Form A—

Applications for the appointment of a guardian of the person or property, or both, of a minor under Section 10 of the Act shall, subject to such variation as the circumstances of each case may require, be in Form A annexed to these rules.

2. Notice required by Section 11 shall be in Form B—

The notice required by Section 11 of the Act shall be in Form B annexed to these rules.

3. Form and time for filing statement of property and debts. Further statements when to be put in—

The statement showing the property and the debts of a ward, as required by clause (b) of Section 34 of the Act, shall be in Form C annexed to these rules.

4. Guardian Certificate points to be noted thereon—

When a guardian is appointed under the Act, he should be furnished with a certificate of guardianship, in Form F, and his attention should be drawn in particular to the provisions of Sections 26, 27, 28, 29, 32, 33, 35, 36, 39, 44 and 45 of the Act which shall be printed in full on the back of the said certificate. The certificate shall also state any special restrictions imposed by the Court on the powers of the guardian at the time of his appointment.

5. Bonds required from guardian their forms and amount—

Except in cases in which, for reasons to be recorded in writing, the Court directs otherwise, every guardian of property appointed by the Court (other than the Collector of the District) shall be required to execute a bond, with or without a surety or sureties as the Court may think fit to direct, in a sum not less than the total estimated value of the said certificate. The certificate shall also state any special restrictions. Bonds shall be in Form D annexed to these rules with such variations or modifications as will suit the circumstances of each case.

6. Time to be fixed for filing bonds. Allowance of Guardians and other orders—

Orders in respect of (a) the execution, or otherwise, of such bond, and (b) the amount, if any, of the allowance to be paid to the guardian, shall be made by the Court at the time of appointing the guardian, when a bond is required the Court shall fix the time within which such bond is to be furnished and the order of appointment shall be made conditional on furnishing the bond.

7. Entry of application in register No. 2. Cases in which periodical accounts are to be put into be entered in Register E—

(i) Every application for appointment of a guardian shall be entered in Civil Miscellaneous Register No. 2.

(ii) Every case, in which a guardian of property is appointed and the guardian is directed to file accounts periodically, shall be entered in register No. XXVI (Form E) and the particulars prescribed therein shall be entered from time to time as soon as orders are passed by the Court, or the particulars are available. Cases should be entered in this register chronologically and an alphabetical index thereof given in the beginning of the register.

8. Accounts should be scrutinized once a year in cases of large income—

When the annual income of the ward‟s estate appears likely to exceed Rs. 500, and in other cases if the Court thinks fit to so order, the guardian should be directed to submit to the Court once a year and on a fixed date an account of the income and expenditure of the estate together with a list of the property, movable or immovable, sold or purchased, and of the amounts due to and from the ward. Such account shall be scrutinised by the Judge, who should certify that he had done so and should record such remarks thereon as may be necessary.

9. Such cases to be treated as pending—minor to be produced before Court in such cases—

When a guardian is required to submit yearly accounts to the Court, the case should, until the ward concerned attains his majority, be treated as pending and the ward should be produced before the Court on the dates on which returns have to be furnished by the guardian, such dates to be reckoned as dates of hearing and entered as such in the cause book of the Court.

10. Notice of application under Sections 28 and 29 to be given to persons affected by it—

When an application is made by a guardian for any of the purposes referred to in Sections 28 and 29 of the Act, the Court should, before disposing of it, cause notice thereof to be given to such persons, whether relatives of the ward or otherwise connected with him, as the Court may consider to be affected by the application.

11. Annual Inspection of Wards by Courts—

In the absence of sufficient reason to the contrary, all male wards should be produced before the Court once a year, and the Court should, so far as is possible, examine their physical, intellectual and moral conditions, and ask them whether they have any remarks to make on the subject of the management of their estates. To facilitate this arrangement the Court should maintain a list of all such wards.

12. Inspection of statements and accounts filed by the guardian—

All statements and accounts submitted by a guardian should be kept with the records of the case to which they relate; and may, with the permission of the Court, be inspected by any person legitimately interested in the same, on payment of the ordinary inspection fee. Such statement and accounts and relevant extracts from Audit Notes and objections together with annotated copies of the same and relevant correspondence on the subject, should be kept on part „A‟ of the records.

13. Opening of accounts in approved banks in the name of minors for current expenses. Investment of surplus money in Government securities—

Where the Court deems necessary to direct the guardian to open an account in a bank, the account shall be in the name of the minor through his guardian in the Post Office Savings Bank, or in the State Bank of India, or in any other bank approved by the High Court. If after payment of the current expenses of the estate and of the ward‟s maintenance, there should be any balance, such balance should be invested by the guardian in Government Promissory Notes, Post Office Cash Certificates, or in any other securities mentioned in clauses (a) (b), (c) and (d) of Section 20 of the Indian Trusts Act.

14. (i) In cases in which the ward‟s estate is under the management of Government, in the person of the District Judge, the Collector or other Government officer, surplus moneys may be invested in Government Promissory Notes, purchased through and held in the safe custody of the Reserve Bank of India, in accordance with the procedure laid down in paragraph 110(b) and note 1 to paragraph 101 of Chapter IX of the Government Securities Manual 3rd edition. The income of the estate required for current expenses of the management of the estate, the maintenance, and education of the ward, should be deposited in the treasury. (ii) The deposit of money in a private bank in the name of the District Judge or other Government Officer, as a guardian of a ward‟s estate, is prohibited,—Vide Rule 7 et seq. Section V of the Treasury Rules (Punjab).

15. Court may pass order for proper education of the ward in certain cases—

When it appears to the Court, at the annual inspection of the ward or otherwise, that orders are required as to the education of the ward, the Court should pass such orders as appear to suit the case, regard being had to the present position and future prospects of the ward‟s family and the intellectual capabilities of the ward himself.

16. Management of Ward’s estates to be noted in annual report—

The management of ward‟s estates should be specially noted in the Annual Civil Report submitted by each District Judge and detailed mention should be made of the main facts relating to the more important estates.

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