Hindu Minority and Guardianship Act, 1956 | section 9-10 | WATCH NOW | A...

 Section 9 – Testamentary Guardians and Their Powers

🔹 Meaning

A testamentary guardian is a guardian appointed by a will (vasiyat) by the parent of a minor.

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🔹 Who can appoint a testamentary guardian?

1. Hindu Father

   • Can appoint a guardian by will for:

     • Minor’s person, or

     • Minor’s property (except undivided interest under Section 12), or

     • Both.

   • If father dies before mother, the appointment has no effect.

   • It revives if:

     • Mother later dies, and

     • Mother has not appointed any guardian by will.

2. Hindu Mother / Hindu Widow

   • A widow mother, or

   • A mother who becomes natural guardian because the father is disqualified,
     can appoint a guardian by will for:

     • Minor’s person, or

     • Minor’s property (except Section 12 property), or

     • Both.

3. Mother of Illegitimate Minor

   • Can appoint a guardian by will for:

     • Person, or

     • Property, or

     • Both.

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🔹 Powers of Testamentary Guardian (Section 9(5))

• Guardian appointed by will can act:

  • After the death of the parent (father or mother, as applicable).

• Has all rights of a natural guardian under this Act.

• Powers are:

  • Subject to restrictions in the Act, and

  • Subject to conditions mentioned in the will.

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🔹 Special Rule for Minor Girl (Section 9(6))

• If the minor is a girl:

  • The testamentary guardian’s right ends on her marriage.

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🔑 Key Points (Section 9)

• Guardian can be appointed only by will.

• Mother’s right is superior if she is alive.

• Guardian’s power is not absolute.

• Marriage of minor girl = end of guardianship.

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📕 Section 10 – Incapacity of Minor to Act as Guardian of Property

🔹 Rule

A minor cannot act as a guardian of the property of another minor.

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🔹 Explanation

• A person who is below 18 years:

  • Is legally incapable of managing property.

• Therefore:

  • A minor cannot be appointed as a guardian of property under Hindu law.

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🔹 Reason

• Property management requires:

  • Legal capacity,

  • Maturity,

  • Accountability.

• Law protects the property interest of minors.

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