Section 19 of the Act provides that if the supervision of a minor`s property has been taken over by a guardianship court under the applicable local law: (i) The court is unable to appoint a guardian for the property under the Guardian and Wards Act. (ii)If the court had the power to appoint a guardian of the person for the juvenile, a court may not do the same under the Guardians and Wards Act. State governments also have the power to appoint a court. The main purpose of these courts is to establish municipal courts to regulate, establish, operate and exercise the powers of the neighbourhood courts. The term “guardian” has been defined in many statutes, and there is almost a similarity in the meaning given in those statutes. Under section 2 of the Children (Employment Engagement) Act 1933, the term “guardian” includes any person who has legal custody or control of a child. Under section 2 (k) of the Children Act 1960, the “guardian” has, in the opinion of the competent authority with knowledge of any proceedings concerning a child, provisionally the effective charge or control over that child, the Muslim heirs are independent owners of their specific shares and their liability is also proportional to the extent of their share in the estate. In these circumstances, a shareholder has no right, title or interest in disposing of the property of another shareholder. In the absence of a legal guardian, the obligation to appoint a guardian to protect and preserve the minor`s property rests with the court. Without the prior approval of the court, the guardian appointed by the court may not: a. Encumber the minor`s real estate. b. Mortgage v.
Transfer by sale d. Exchange e. Rental of part of the property for a period of more than five years or for a period not exceeding one year beyond the date on which the municipality is no longer a minor. According to Muslim law, there is a distinction between guardianship of another type such as that of the person, property or, in the case of minors, the object of marriage (wilayat-ul-nikah)[4]. In the absence of a natural and legal guardian, the court has the power to appoint a guardian for the purposes of the minor`s person or property, or both. The appointment of a guardian by the court is governed by the Guardianship and Wards Act of 1890, which applies to all Indians regardless of religion. These guardians are also called legal guardians. Shia law recognizes only the father and father of the father, no matter how high he may be as guardian in the marriage of a minor. Thus, mother, brother, uncle, etc. do not have the right to be legal guardians of the minor`s property. Of course, the father or father of the father can appoint any of them (mother, brother, uncle, etc.) or any other person as executor or executor, and the latter has as much power as the father or father of the father.
A person authorized by law to keep the person or property of a minor is called a guardian. Under Muslim law, guardians are necessary for the purpose of a marriage, to protect the person of the minor and to protect the minor`s property. A de facto guardian is a mere guardian of the person and property of the minor, but has no right to both. He has no liability only for the person or property of the minor or both, but no right in this regard. As a rule, guardians are de facto relatives of the minor, but do not have the right to be the guardian under Islamic law, unless they are appointed by will or court. It is therefore an official intervention (fazooli) on the property of the minor and has no status or position to sell it without the authorization of the court. The Honourable Supreme Court of Punjab relied on the Muchoo case in Gul Mohammad v. Mst Wazir,[7] in a case where the father had converted from Mohammedanism to Christianity, but he was the only living parent of an 8-year-old boy and a 4-year-old girl and the children`s grandmother fought for guardianship of the 2 minors and their property. However, none of these cases is a direct authority on the above subject, i.e.
guardianship in marriage. (b) the restoration of the guardianship rights of a disabled person who was the guardian of another person; The same principle has been systematically applied in the case of gifts to minors – mother/brother without consent / acceptance of the father – does not constitute a valid acceptance of the gift. The mother, brother, uncle, etc. do not have the right to be the legal guardian of the minor`s property. A testamentary guardian can be defined as a voluntarily appointed guardian. The will can only be made by the father and in the absence of the father and his executors, the paternal grandfather can do so. Shia and Sunni schools approve of this. But in both schools, the mother does not have the right to appoint testamentary guardians. In the Shia school, non-Muslims cannot be appointed testamentary guardians. According to Muslim law, the father has the power to marry his children of both sexes without their consent to the marriage, but this is before the Shariri stage.
However, it should be noted that with regard to marital guardianship, no one may be appointed guardian by the court. It is the substantive law itself that determines who owns patria potestas for the purposes of marriage; The court cannot appoint Wali to the marriage, although in some cases the Quazi or the court itself may act as guardian of the marriage. The Qur`an expressly provides for the appointment of a testamentary guardian. The father`s father and father are persons with legal capacity who are appointed by will as guardians of the property of their minor sons and grandchildren, respectively. According to Shia law, the testamentary guardian or executor must be tall, healthy, a teacher of Islam and good character. For example, the Supreme Court of Gujarat has ruled that the property of a Muslim co-heir cannot be legally alienated for any purpose. (3) Court-appointed certified guardianship In Mohammed Amin v. Vakil Ahmad,[20] the Supreme Court held that a de facto guardian does not have the right to enter into a family settlement in relation to the benefits of a minor, even if the settlement could be in his or her favour.