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Report No. 83

6.3. Section 6.-

Section 6 provides that in the case of a minor nothing in this Act shall be construed to take away or derogate from any power to appoint a guardian of his person or property or both which is valid by the law to which the minor is subject. The "power to appoint" which is saved by the section would, inter ailia, include the power to appoint a guardian by will.1 This power has been recognised by the Legislature2 and the Courts in India on more than one occasion.3

1. Cf. (a) Section 9, Hindu Minority and Guardianship Act, 1956; (b) Section 60, Indian Succession Act, 1956.

2. E.g. (a) Bengal Regulation 5 of 1799;

(b) Sections 18 and 19, Madras Regulation 5 of 1804;

(c) Section 8, Bombay Minors Act (20 of 1864).

3. (a) Pirthee Lal v. Doorga Lid, (1867) 7 WRCR 74 (75);

(b) Alimodeed Moo!len v. Syfoora Bibee, (18/66) 16 WRMR 125;

(c) Alikhan v. Panibai, 1894 ILR 19 Born 832.

II. Appointment and Declaration of Guardian



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




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