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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




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