Guardian is a person who has the care of the person of the minor or his property or both person & property. Since a minor cannot enter into a contract the Guardian should act on behalf of the minor but in the better interests of the minor. The Guardian should be a major. Guardians are of different types:
1.Natural Guardian.
2.Guardians appointed by Will by the parents of the minor, who are called testamentary guardians.
3.Guardians appointed by the Court.
4.Persons empowered to act as guardians by an enactment relating to any court of wards.
The father and mother are the natural guardians of the minor child. The mother succeeds as a natural guardian of the minor child on demise of the father. The mother is entitled to appoint a guardian to look after the properties and also welfare of her minor child by means of a Will, which becomes operative after her death. But, she cannot appoint a guardian for the joint family properties where the minor child has undivided interest.
A Hindu mother who is entitled to act as a natural guardian of her minor illegitimate child may also appoint a guardian through means of a will to look after the property and the welfare of her minor illegitimate child.
Who is the natural guardian of an adopted son?
The adoptive father, and after the adoptive father, the adoptive mother would be the natural guardians of an adopted minor son. The original parents of the son given in adoption will not be natural guardians.
What is the position of the mother, if the father appoints a guardian to minor person and property by Will?
Father may appoint a guardian by Will to the person and property of his minor child. However such appointment of a guardian by Will does not have any effect if the father dies leaving behind his wife (mother of the minor child) who is the natural guardian of the minor child. The mother (natural guardian) will succeed as guardian and not the person appointed by Will of the father. She may appoint a different guardian by her will, who will succeed as guardian on the death of the mother. In case, she does not appoint any guardian by Will, the guardian appointed by the father by Will, will succeed as guardian of minor on the death of the mother. The guardian will act only till the minor completes eighteen years of age.
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