Section 21 of The Guardians and Wards Act, 1890
Capacity of minors to act as guardians.
A minor is incompetent to act as guardian of any minor except his own wife or child or where he is the managing member of an undivided Hindu family, the wife or child of another minor Member of that family.
Summary
- The general rule is that a minor is completely incompetent to act as a guardian for any other minor.
- There is an exception allowing a minor to be the guardian of their own wife or child.
- There is another exception for undivided Hindu families. If a minor is the managing member of such a family, they can be the guardian for the wife or child of another minor member of that same family.
Practical examples
FAQ
1. Can a minor ever be a guardian to another minor?
Yes, but only in very limited family situations, such as for their own wife or child.
2. Can a 17-year-old be the guardian of their 10-year-old sibling?
No, the law does not allow a minor to be a guardian for a sibling, only for a wife or child.
3. Does the rule apply differently to undivided Hindu families?
Yes. A minor who is the managing member of an undivided Hindu family can act as the guardian for the wife or child of another minor in that family.
Test yourself
1.Under Section 21 of The Guardians and Wards Act, 1890, what is the general starting rule about minors acting as guardians?
2.Under Section 21 of The Guardians and Wards Act, 1890, for whom can a standard minor act as a guardian outside of the undivided Hindu family context?
3.Under Section 21 of The Guardians and Wards Act, 1890, what special exception exists for an undivided Hindu family?
4.Under Section 21 of The Guardians and Wards Act, 1890, can a 17-year-old minor act as the guardian of their 15-year-old cousin?