Regarding the certificated guardian’s powers over the minor’s property the law in India is uniform, and regulated by the Guardians and Wards Act, 1890. Section 27 of the Act lays down the general powers and obligations of the guardian.
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The generality of the power is limited by the rule that the guardian should deal with minor’s property in the same manner as a man of ordinary prudence deals with his own property.
ADVERTISEMENTS:
Within this limitation, and subject to specific limitations laid down in the Act, the guardian has the authority to do all things necessary for the realization, protection and benefit of the minor’s property.
Section 29 lays down the limitation in respect of guardian’s powers of alienation of property: the guardian has no power to charge or transfer by sale, gift, mortgage, exchange or otherwise, or to lease any part of the property for a term exceeding five years or for any term extending more than one year beyond the date on which the minor will cease to be minor, without the prior permission of the court.
The court will accord permission for alienation only if it arrives at the finding that the proposed alienation is for necessity or for the evident advantage of the minor. Any alienation of the immovable property by the guardian in contravention of the aforesaid provision is voidable at the instance of the minor or any other person affected thereby.
Section 33 of the Act empowers the court to define, restrict or extend the powers of the guardian from time to time. The court also has the general power of defining or fixing the limits of the guardian’s powers at the time of his appointment.
ADVERTISEMENTS:
In respect of other matters, the guardian’s powers are governed by the generality of the provision of S. 27 of the Guardians and Wards Act.