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karthikei balan (Advocate)     26 November 2012


Dear memberss,


whether a grandmother can appoint a testamentary guardian(her other son) for her minor grandson when the mother is alive and the father is no more????

judgement reported in AIR 1980 Mad 207, says it is void ab initio...


pls express your opinions on this....!!!



 2 Replies

MohammedRaffiq Bijapur (Advocate)     26 November 2012

Brother i think u know that there are three classes of guardian, viz., natural, testamentary and appointed ubder G&W Act.

Sec 9 of Hindu Minority and Guardianship act enumarates testamentary guardain and their powers. A reading of sec makes it clear that so long the mother is alive she alone can be the guardian and even if the father has power to appoint a testamentary guardian. it will not have any effect so long as the mother is alive. this was held by Madras High Court in Ravi Mohanraj Vs P Rayarathinam 1998-1 Mad L W pg618.

karthikei balan (Advocate)     01 December 2012

thanks for ur reply and info...that was so helpful !!! is there a judgement to say that a grandmother cannot appoint a testamentary guardian.....bcos i couldnt find anything exactly.

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