20. Fiduciary relation of guardian to ward.—(1) A guardian stands in a fiduciary relation to his
ward, and, save as provided by the will or other instrument, if any, by which he was appointed, or by
this Act, he must not make any profit out of his office.
(2) The fiduciary relation of it guardian to his ward extends to and affects purchases by the
guardian of the property of the ward, and by the ward of the property of the guardian, immediately or
soon after the ward has ceased to be a minor, and generally all transactions between them while the
influence of the guardian still lasts or is recent.
21. Capacity of minors to act as guardians.—A minor is incompetent to act as guardian of any
minor except his own wife or child or where he is the managing member of an undivided Hindu
family, the wife or child of another minor Member of that family.
1. Sub-section (4) omitted by Act 3 of 1951, s. 3 and the Schedule.
2. Subs. by Act 30 of 2010, s. 2 for sub-clause (b) (w.e.f. 31-8-2010).
10
22. Remuneration of guardian.—(1) A guardian appointed or declared by the Court shall be
entitled to such allowance, if any, as the Court thinks fit for his care and paints in the execution of his
duties.
(2) When an officer of the Government, as such officer, is so appointed or declared to be guardian,
such fees shall be paid to the Government out of the property of the ward as the State Government, by
general or special order, directs.
23. Control of Collector as guardian.—A Collector appointed or declared by the Court to be
guardian of the person or property, or both, of a minor shall, in all matters connected with the
guardianship of his ward, be subject to the control of the State Government or of such authority as that
Government, by 1
notification in the Official Gazette, appoints in this behalf.
Guardian of the person
24. Duties of guardian of the person.—A guardian of the person of a ward is charged with
the custody of the ward and must look to his support, health and education, and such other matters as
the law to which the ward is subject requires.
25. Title of guardian to custody of ward.—(1) If a ward leaves or is removed from the custody
of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to
return to the custody of his guardian, may make an order for his return, and for the purpose of
enforcing the order may cause the ward to be arrested and to be delivered into the custody of the
guardian.
(2) For the purpose of arresting the ward, the Court may exercise the power conferred on a
Magistrate of the first class by section 100 of the 2Code of Criminal Procedure, 1882 (10 of 1882).
(3) The residence of a ward against the will of his guardian with a person who is not his guardian
does not of itself terminate the guardianship.
26. Removal of ward from jurisdiction.—(1) A guardian of the person appointed or declared
by the Court unless he is the Collector or is a guardian appointed by will or other instrument, shall
not, without the leave of the Court by which he was appointed or declared, remove the ward from
the limits of its jurisdiction except for such purposes as may be prescribed.
(2) The leave granted by the Court under sub-section (1) may be special or general, and may be
defined by the order granting it.
Guardian of property
27. Duties of guardian of property.—A guardian of the property of a ward is bound to deal
therewith as carefully as a man of ordinary prudence would deal with it if it were his own, and,
subject to the provisions of this Chapter, he may do all acts which are reasonable and proper for the
realisation, protection or benefit of the property.
28. Powers of testamentary guardian.—Where a guardian has been appointed by will or other
instrument, his power to mortgage or charge, or transfer by sale, gift, exchange or otherwise,
immovable property belonging to his ward is subject to any restriction which may be imposed by the
instrument, unless he has under this Act been declared guardian and the Court which made die
declaration permits him by an order in writing, notwithstanding the restriction, to dispose of any
immovable property specified in the order in a manner permitted by the order.
29. Limitation of powers of guardian of property appointed or declared by the
Court.—Where a person other than a Collector, or than a guardian appointed by will or other
1. For notifications appointing authorities to whose control Collectors appointed under the Act shall be subject, see different
local R. & O.
2. See now the Code of Criminal Procedure, 1898 (Act 5 of 1898).
11
instrument, has been appointed or declared by the Court to be guardian of the property of a ward, he
shall not, without the previous permission of the Court,—
(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the
immovable property of his ward, or
(b) lease any part of that property for a term exceeding five years or for any term extending
more than one year beyond the date on which the ward will cease to be a minor.
30. Viodability of transfers made in contravention of section 28 or section 29.—A disposal of
immovable property by a guardian in contravention of either of the two last foregoing sections is
voidable at the instance of any other person affected thereby.
31. Practice with respect to permitting transfers under section 29.—(1) Permission to the
guardian to do any of the acts mentioned in section 29 shall not be granted by the Court except in case
of necessity or for an evident advantage to the ward.
(2) The order granting the permission shall recite the necessity or advantage, as the case may
be, describe the property with respect to which the act permitted is to be done, and specify such
conditions, if any, as the Court may see fit to attach to the permission; and it shall be recorded,
dated and signed by the Judge of the Court with his own hand, or, when from any cause he is
prevented from recording the order with his own hand, shall be taken down in writing from his
dictation and be dated and signed by him.
(3) The Court may in its discretion attach to the permission the following among other conditions,
namely:—
(a) that a sale shall not be completed without the sanction of the Court;
(b) that a sale shall be made to the highest bidder by public auction, before the Court or
some person specially appointed by the Court for that purpose, at a time and place to be
specified by the Court, after such proclamation of the intended sale as the Court, subject to
any rules made under this Act by the High Court, directs;
(c) that a lease shall not be made in consideration of a premium or shall be made for such term
of years and subject to such rents and covenants as the Court directs;
(d) that the whole or any part of the proceeds of the act permitted shall be paid into the
Court by the guardian, to be disbursed therefrom or to be invested by the Court on
prescribed securities or to be otherwise disposed of as the Court directs.
(4) Before granting permission to a guardian to do an act mentioned in section 29, the Court
may cause notice of the application for the permission to be given to any relative or friend of the
ward who should, in its opinion, receive notice thereof, and shall hear and record the statement of
any person who appears in opposition to the application.
32. Variation of powers of guardian of property appointed or declared by the Court.—
Where a guardian of the property of a ward has been appointed or declared by the Court and such
guardian is not the Collector, the Court may, from time to time, by order, define, restrict or extend
his powers with respect to the property of the ward in such manner and to such extent as it may
consider to be for the advantage of the ward and consistent with the law to which the ward is
subject.
33. Right of guardian so appointed or declared to apply to the Court for opinion in
management of property of ward.—(1) A guardian appointed or declared by the Court may
apply by petition to the Court which appointed or declared him for its opinion, advice or direction
on any present question respecting the management or administration of the property of his ward.
(2) If the Court considers the question to be proper for summary disposal, it shall cause a copy of
the petition to be served on, and the hearing thereof may be attended by, such of the persons interested
in the application as the Court thinks fit.
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(3) The guardian stating in good faith the facts in the petition and acting upon the opinion, advice
or direction given by the Court shall be deemed, so far as regards his own responsibility, to have
performed his duty as guardian in the subject-matter of the application.
34. Obligations on guardian of property appointed or declared by the Court.—Where a
guardian of the property of a ward has been appointed or declared by the Court and such guardian is
not the Collector, he shall,—
(a) if so required by the Court, give a bond, as nearly as may be in the prescribed form, to the
Judge of the Court to ensure for the benefit of the Judge for the time being, with or without
sureties, as may be prescribed, engaging duly to account for what he may receive in respect of the
property of the ward;
(b) if so required by the Court, deliver to the Court, within six months from the date of his
appointment or declaration by the Court, or within such other time as the Court directs, a statement
of the immovable property belonging to the ward, of the money and other movable property which
he has received on behalf of the ward up to the date of delivering the statement, and of the debts
due on that date to or from the ward;
(c) if so required by the Court, exhibit his accounts in the Court at such times and in such form
as the Court from time to time directs;
(e) if so required by the Court, pay into the Court at such time as the Court directs the balance
due from him on those accounts, or so much thereof as the Court directs; and
(f) apply for the maintenance, education and advancement of the ward and of such persons as
are dependent on him, and for the celebration of ceremonies to which the ward or any of those
persons may be a party, such portion of the income of the property of the ward as the Court from
time to time directs, and, if the Court so directs, the whole or any part of that property.
1
[34A. Power to award remuneration for auditing accounts.—When accounts are exhibited by
a guardian of the property of a ward in pursuance of a requisition made under clause (c) of section 34
or otherwise, the Court may appoint a person to audit the accounts, and may direct that remuneration
for the work be paid out of the income of the property.]
35. Suit against guardian where administration bond was taken.—Where a guardian appointed
or declared by the Court has given a bond duly to account for what he may receive in respect of the
property of his ward, the Court may, on application made by petition and on being satisfied that the
engagement of the bond has not been kept, and upon such terms as to security, or providing that any
money received be paid into the Court, or otherwise as the Court thinks fit, assign the bond to some
proper person, who shall thereupon be entitled to sue on the bond in his own name as if the bond had
been originally given to him instead of to the Judge of the Court, and shall be entitled to recover
thereon, as trustee for the ward, in respect of any breach thereof.
36. Suit against guardian where administration bond was not taken.—(1) Where a guardian
appointed or declared by the Court has not given a bond as aforesaid, any person, with the leave of the
Court, may, as next friend, at any time during the continuance of the minority of the ward, and upon
such terms as aforesaid, institute a suit against the guardian, or, in case of his death, against his
representative, for an account of what the guardian has received in respect of the property of the ward,
and may recover in the suit, as trustee for the ward, such amount as may be found to be payable by the
guardian or his representative, as the case may be.
1. Ins. by Act 17 of 1929, s. 2.
13
(2) The provisions of sub-section (1) shall, so far as they relate to a suit against a guardian, be
subject to the provisions of section 440 of the Code of Civil Procedure (14 of 1882) as amended by
this Act1
.
37. General liability of guardian as trustee.—Nothing in either of the two last foregoing sections
shall be construed to deprive a ward or his representative of any remedy against his guardian, or the
representative of the guardian, which, not being expressly provided in either of those sections, any
other beneficiary or his representative would have against his trustee or the representative of the
trustee.
Termination of guardianship
38. Right of survivorship among joint guardians.—On the death of one of two or more joint
guardians, the guardianship continues to the survivor or survivors until a further appointment is made
by the Court.
39. Removal of guardian. —The Court may, on the application of any person interested, or of its
own motion, remove a guardian appointed or declared by the Court, or a guardian appointed by will or
other instrument, for any of the following causes, namely:—
(a) for abuse of his trust;
(b) for continued failure to perform the duties of his trust;
(c) for incapacity to perform the duties of his trust;
(d) for ill-treatment, or neglect to take proper care, of his ward;
(e) for contumacious disregard of any provision of this Act or of any order of the Court;
(f) for conviction of an offence implying, in the opinion of the Court, a defect of character
which unfits him to be the guardian of his ward;
(g) for having an interest adverse to the faithful performance of his duties;
(h) for ceasing to reside within the local limits of the jurisdiction of the Court;
(i) in the case of a guardian of the property, for bankruptcy or insolvency;
(j) by reason of the guardianship of the guardian ceasing, or being liable to cease, under the law
to which the minor is subject:
Provided that a guardian appointed by will or other instrument, whether he has been declared
under this Act or not, shall not be removed—
(a) for the cause mentioned in clause (g) unless the adverse interest accrued after the death of
the person who appointed him, or it is shown that that person made and maintained the
appointment in ignorance of the existence of the adverse interest, or
(b) for the cause mentioned in clause (h) unless such guardian has taken up such a residence as,
in the opinion of the Court, renders it impracticable for him to discharge the functions of guardian.
40. Discharge of guardian.—(1) If a guardian appointed or declared by the Court desires to resign
his office, he may apply to the Court to be discharged.
(2) If the Court finds that there is sufficient reason for the application, it shall discharge him, and if
the guardian making the application is the Collector and the State Government approves of his
applying to be discharged, the Court shall in any case discharge him.
41. Cessation of authority of guardian.—(1) The powers of a guardian of the person cease—
(a) by his death, removal or discharge;
(b) by the Court of Wards assuming superintendence of the person of the ward;
1. See now Order XXXII, rules 1 and 4(2), in the First Schedule to the Code of Civil Procedure, 1908 (Act 5 of
1908).
14
(c) by the ward ceasing to be a minor;
(d) in the case of a female ward, by her marriage to a husband who is not unfit to be guardian of
her person or, if the guardian was appointed or declared by the Court, by her marriage to a husband
who is not, in the opinion of the Court, so unfit; or
(e) in the case of a ward whose father was unfit to be guardian of the person of the ward, by the
father ceasing to be so or, if the father was deemed by the Court to be so unfit, by his ceasing to be
so in the opinion of the Court.
(2) The powers of a guardian of the property cease—
(a) by his death, removal or discharge;
(b) by the Court of Wards assuming superintendence of the property of the ward; or
(c) by the ward ceasing to be a minor.
(3) When for any cause the powers of a guardian cease, the Court may require him or, if he is dead,
his representative to deliver as it directs any property in his possession or control belonging to the
ward or any accounts in his possession or control relating to any past or present property of the ward.
(4) When he has delivered the property or accounts as required by the Court, the Court may
declare him to be discharged from his liabilities save as regards any fraud which may subsequently be
discovered.
42. Appointment to successor to guardian dead, discharged or removed.—When a guardian
appointed or declared by the Cowl is discharged, or, under the law to which the ward is subject,
ceases to be entitled to act, or when any such guardian or a guardian appointed by will or other
instrument is removed or dies, the Court, of its own motion or on application under Chapter II, may, if
the ward is still a minor, appoint or declare another guardian of his person or property, or both, as the
case may be.