Login : Advocate | Client
Home Post Your Case My Account Law College Law Library

Report No. 83

7.4. Anomalies as to property.-

It is not clear whether "guardian" in this section is confined to the guardian of the person, or whether the section covers property. If the section is taken as extending even to guardianship of property, certain anomalies may arise.

In the first place, the last few lines of the section assume that a minor can be a managing member of a Hindu family where he is the seniormost male member. However, on this point, the query raised by Sadasiva Aiyar J. in a Madras case (to be referred to later1 on) should be noted.

In the second place, if the first 17 words of the section, ending with "his own wife or child" are taken as covering the guardianship of property also, the result would be that a minor can be guardian of the property of his family, though his own property would be subject to the guardianship of another person.

As to Hindus, it is now specifically provided that a minor shall be incompetent to act as guardian of the property of any minor.2

1. Para. 75, infra.

2. Section 10, Hindu Minority and Guardianship Act, 1956.

The Guardians and Wards Act, 1890 and Certain Provisions of the Hindu Minority and Guardianship Act, 1956 Back

Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys