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

Report No. 83

4.11. The concept of de facto guardian.-

The position obviously needs clarification. The concept of "de facto guardian" has been discussed at length in a judgment of the Federal Court where Kania C.J. observed:1

"There can only be a de facto manager, although the expression 'de facto guardian' has been used in text books and some judgments of Courts. If that description is adopted (and I consider it to be the correct description of a person generally managing the estate of a minor without having any legal title to do so) the powers of a natural guardian are not brought into consideration in defining the position of such a manager."

1. Sriramulu v. Pundarikakshayya, AIR 1949 FC 218 (221), para. 13.

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