A guardian is a person who is appointed to look after another person or his property.

*Guardianship* Guardian :- The term 'Guardian' is defined in the Guardian and word act as a person having the care of the person of a minor or of his property or of both his person and his property. *Meaning of Guardianship* The term 'Guardianship' connotes the G guardianship of a minor a minor is one who has not, attained the age of majority. As regards withotgers matters of gursdianship of person and property a muslim will be governed by majority act which prescribe 18 years as the age of majority. which 21 years is the ageof majority if the minor is under the court of wards or guardian has been appointed by the court. *Appointment of Guardian* When the court is satisfied that it is for the Welfare of a minor that an order should be made for appointing a guardian of his person or property, the court mein make an order accordingly. Section 15(1) :- of the guardian and word act 1980 permit for the appointment of joint guardian and if any one of them has died, the survivor continue to act as guardian. Section 20 :- of the act impose a duty e on the guardian to deal with the ward's property carefully and honesty. Section 21 :- of the act provide that a minor not competent to avt or a guardian of Another minor, will not act as the guardian. Section 27 :- of the act deals with the duties and limitation on the powers guardian. Section 41:- of the act says that a guardian by thecourt or testamentary guardian shall cease to be guardian on thr happening of any one of the following incident :- 1) in the case of death, removal or discharge of the guardian. 2) on attaining majority by the minor. 3) on the marriage of minor if female to a person not unfit to be Guardian of a person. *Kinds of Guardianship* There are three kinds of Guardianship 1) Guardianship in marriage. (Jabar) 2) Guardianship of person of minor for custody. (Hizanat) 3) Guardianship of property. Ques :- who are guardians for the property of a minor? Ans :- for the protection of the property of a minor, the Muslim law recognises the following kinds of guardians. 1) Legal/ Natural guardian (De Jure) 2) Guardians Appointed by court 3) De - facto guardian *Legal or Natural guardian* The following persons are entitled in the following order to be Guardians Of the property of a minor :- 1) The father 2) The executor appointed by father's will. 3) The father's father 4) The executor appointed by the will of father's father Therefore mother, brother, uncle etc cannot be a legal Guardian or natural guardian of a minor and his property of course, the father or father's father may appoint any of them as executor or executrix. *Guardians appointed by court* In default of thr legal guardians the duty of appointing a guardian for the protection and preservation of minor's property falls on the judge as representing the state. While appointing a guardian, the court takes into consideration the welfare of the minor and as such court may appoint the mother insted of uncle the guardians appointed by the court is governed by the guardians and words Act, 1890 which applies to all the indians regardless of their relegion. *De - facto Guardian* A peson who neither a natural or legal guardian nor a guardian appointed by the court but has voluntarily placed himself or herself in charge of the person and property of minor is called de-facto guardian. A de-facto guardian is merely a custodian of the person and property of the minor but has no right over either. The mother, brother, uncle and all other relations other than father and father's father are de-facto guardian unless they are appointed as executor by father's will or by court.


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