...guardian of the minor, her adopted son, at a time when there was a testamentary guardian who had been appointed under the will of the widow's husband. (2) that the alienees had failed to...(assuming, of course, the necessity). In the present case, the 1st defendant, as the minor's mother, was his natural guardian. The evidence shows that the testamentary guardian, the plaintiff's father...the 1st defendant, the 2nd defendant had been appointed testamentary guardian is no ground for holding that it was competent for the 1st defendant to make the alienations. 3. As...

...petition in the lower Court under the Guardians and Wards Act, contending that the appellant was not merely the executor but also the minors' testamentary guardian, and prayed for his removal as such...the conduct of guardians either appointed or declared by the Court. That leads us to the question, can the appellant be declared, under the provisions of the Act, the testamentary guardian of the...minors? Their mother, as already stated, contends that on a proper construction of the will, the appellant is their testamentary guardian. But this position is controverted by the appellant, who maintains...

...Wards Act, that the appellant was not merely the executor but also the minors testamentary guardian, and prayed for his removal as such guardian and for appointment of herself in his stead. The lower...by the Court. That leads us to the question, can the appellant, be declared, under the provisions of the Act, the testamentary guardian of the minors. Their mother, as already stated, contends that...on a proper construction of the will, the appellant is their testamentary guardian. But this position is controverted by the appellant, who maintains that under the will he is merely an executor and...

...(1902) 13 M.L.J. 223. In that case there was a testamentary guardian appointed for the minor. But the minor's mother alienated the minor's property. It was held that the alienation of...minor's estate made by the natural and de facto guardian will be valid if for necessity, notwithstanding that there was a testamentary guardian in existence (especially where such testamentary guardian had...though there was a testamentary guardian named in the will of the adoptive father who was unwilling to act, was also noticed. This decision in Ganjayya v. Ramaswami...

...supported by any necessity, nor was it beneficial to the minors. It was further contended that the Will itself did not authorise the guardian to sell the property, and that in any case, as a testamentary...conferred on the guardian, and that since he is a testamentary guardian under S. 9(5) read with S. 8 of the Hindu Minority and Guardianship Act, 1956 he could not sell the...power of testamentary guardian to deal with property belonging to his Ward is subject to the restrictions imposed by the Will. The father can, by his Will appoint a guardian both of the person as well...

...impossible to contend that the power of appointing a testamentary guardian is supported by anything in the ancient texts; and the attractive doctrine that anything which is not expressly forbidden should be...coparcener of a Mitakshara family consisting of himself and his minor coparceners to appoint a testamentary guardian to the coparcenary properties of the minor coparceners. 8. It was...argued before us that the real point for decision is whether the manager of a Hindu family, be he the father, the uncle or an elder brother, can appoint a testamentary guardian for the property of his...

...adoptive mother, and not Timmayya, was his natural guardian, and that the appointment of a testamentary guardian to manage the minor's estate is illegal.The first proposition is undeniable...adult coparcener of a Mitakshara family, consisting of himself and minor co-parceners is not competent to appoint a testamentary guardian to the co-parcenary properties of the minor co-parceners...widow under authority stands in exactly the same position as a posthumous son and that in his case, also the appointment of a testamentary guardian is incompetent. It is in this connexion that their...

...the defendant Deba Nand, his nephew, a guardian of the plaintiffs person and property. On Chandramani's death the testamentary guardian in 1910 took over the management of the estate. In 1918...minority. The power to appoint a testamentary-guardian would be quite consonant with the parental authority which a Hindu father has a right to exercise over his son. At least there seem to be no...Jellamma the rule that a Hindu father has power to appoint a testamentary guardian for his minor son, as enunciated in the case of Soobah Doorgah Lal Jha v. Raja Neelanund Singh , was...

...to contend that the power of appointing a testamentary guardian is supported by anything in the ancient texts; and the attractive doctrine that anything which is not expressly forbidden should be...adult co-parcener of a Mitakshara family consisting of himself and his minor co-parceners to appoint a testamentary guardian to the co-parcenary properties of the minor co-parceners.... 8. It was argued before us that the real point for decision is whether the manager of a Hindu family, be he the father, the uncle or an elder brother can appoint a testamentary guardian for the...

...1. In this case the petitioner is the testamentary guardian of defendants Nos. 2 and 3 in the suit in the District Munsif's Court. Notice was taken to the petitioner to Calcutta although...application supported by an affidavit in which it was alleged, firstly, that the testamentary guardian had refused to act as guardian and, secondly, that the minor's mother was dead, whereas she is...by an authority competent on that behalf. In the present case the petitioner was the testamentary guardian and notice ought to go to him, It is perfectly clear that notice did not go to him. Besides...

...to be the testamentary guardian. I do not think such a claim could be entertained when the parties are governed by Hindu Minority and Guardianship Act. Sub-sections (1) and (2) of...Sec. 9 of that Act reads thus:“Testamentary guardians and their powers. — (1) A Hindu father entitled to act as the natural guardian of his minor legitimate children may, by...the father has a power to appoint a testamentary guardian, it will not have any effect so long as the mother is alive. In this case, the first petitioner herein is the mother, and under the Act, she...

...natural and testamentary guardians of a Hindu minor. The Act further imposes certain limitations on the powers of the guardian in the matter of disposal and management of the immoveable property of a...minor. Under the Act neither the natural guardian nor the testamentary guardian can now, without the sanction of the Court, mortgage, charge or sell or otherwise alienate any immoveable property of a...property by a natural guardian or testamentary guardian incontravention of the limitations set out in the Act is voidable at the instance of the minor. 6. One vital and important change...

...father and in the event of there being no testamentary guardian appointed by the father, the mother succeeds to the natural guardianship of the person and separate property of their minor children...legal guardian who has a legal right to guardianship of a person or the property or both as the case may be. This concept of legal guardian includes a natural guardian: a testamentary guardian or a...mother of the child, i.e, the first petitioner would act as the guardian of the minor for the purpose of investments made with the money held by their minor son. Accordingly, in the prescribed form of...

...guardian when he is neither the testamentary guardian nor a guardian appointed. The mere fact that an infant is in the care of a person does not make that person the natural guardian of the person of...the infant. The section contemplates guardians who are entitled to the custody of the infant under the personal law by which the infant is governed, in the absence of a testamentary guardian or a...as the guardian of the minor defendant in respect of the suit. That prayer was allowed and the notice was served. He, however, did not appear and object to his being treated as guardian for the suit...

...Will or other instrument or appointed or declared by the court.4. While Section 28 deals with the powers of testamentary guardian and applies to cases where a guardian has been...appointed by Will or other instrument, section 29 operates when a person other than the collector or a testamentary guardian is appointed or declared as a guardian. That limitation of the power of such a...testamentary guardian nor a person appointed or declared by the court to be the guardian of the property of a ward. Hence disposal of immovable property of a minor by such a guardian would not be affected...

...Barsalou had been the tutor or testamentary guardian of the plaintiff who was at the time of the trial not much over twenty-one and whose father had died when the plaintiff was an infant so that Erasmus...

..., 1940. It is contended that the endorsement made by the zamin agent on behalf of Subbuthaiammal the testamentary guardian of the minor first defendant would not save the claim from being barred because...testamentary guardian of the first defendant. But it is contended that as the first defendant was married in February, 1940, Subbuthaiammal ceased to be her guardian thereafter and her lawful guardian would...guardian on the marriage of the minor daughter. No direct decision has been cited to us on this point. 8. In our opinion the correct position of law appears to be this : A testamentary...

...testamentary guardian of the person and property of a minor Thirugnanavalli Ammal, for the appointment of the petitioner or any other fit person in her stead and for connected reliefs. Against that...) that the order is really one declaring a testamentary guardian under section 7(1)(b), and, as such, appealable under section 47(a) and (2) that as the right of a Hindu to...appoint a testamentary guardian is not recognized by the law and first respondent's appointment was a nullity, there was no necessity for the Court to remove or to refuse to remove, her and its order...

...1982 made by Dilip Boral she has been appointed as a testamentary guardian of the person and property of the minor Bhagwan. Under the said Will Dilip Boral has left all his properties to the minor...minor Bhagwan on these grounds: (1) that she is the testamentary guardian so appointed by the deceased father of the minor Bhagwan under his Will dated 15-12-1982. (2) She is the step-mother of the minor...Bhagwan, if his mother, viz. the 1st petitioner is appointed as guardian of the person of the minor Bhagwan.7. The 2nd respondent's claim as a testamentary guardian and as a step mother is to...

...power to appoint a testamentary guardian; (3) that if there is such a power, still Bai Panbai has not been appointed; and (4) that any defect has been cured by the order of the 8th April 1905....If a Hindu father has power to appoint a testamentary guardian, it is not by virtue of any statute, for section 47 of the Indian Succession Act is not made applicable by...therefore he held it must include a Hindu father purporting to appoint a testamentary guardian.But then it was not pointed out to the learned Judge that by certain Acts a power of appointing...