APPOINTMENT AND DECLARATION OF GUARDIANSCentral

Section 8 of The Guardians and Wards Act, 1890 in hindi

An order shall not be made under the last foregoing section except on the application of—

(a)the person desirous of being, or claiming to be, the guardian of the minor, or
(b)any relative or friend of the minor, or
(c)the Collector of the district or other local area within which the minor ordinarily resides or in which he has property, or
(d)the Collector having authority with respect to the class to which the minor belongs.

Summary

The court cannot simply decide to appoint a guardian on its own. It needs a formal application from specific allowed individuals.
A person who wants to be the guardian, or claims they already have the right to be, can apply.
Any relative or friend of the child is permitted to submit an application.
A local government revenue officer, called a Collector, can apply if the child lives or has property in their district, or if the Collector has authority over the child's class of people.

Practical examples

1A family friend notices a child's parents have passed away and submits an application to the court to have a reliable uncle appointed as the guardian.

2A child inherits a large farming estate. The district Collector applies to the court to ensure a guardian is appointed to protect the property from being mismanaged.

FAQ

1. Can a complete stranger who is not a friend or relative apply for a guardianship order?

No, unless they are the person who actively desires to be the guardian, or they are a government Collector.

2. Can the court randomly assign a guardian without an application?

No, an order can only be made if someone from the approved list submits an application to the court.

3. Can a local government officer get involved?

Yes, the Collector of the district where the child lives or owns property can apply for a guardianship order.

Test yourself

Q1.Under Section 8 of The Guardians and Wards Act, 1890, which of the following individuals is explicitly allowed to apply for a guardianship order?

Q2.Under Section 8 of The Guardians and Wards Act, 1890, under what condition can a Collector apply for a guardianship order?

Q3.Read together, how does Section 8 of The Guardians and Wards Act, 1890 limit the court's power granted in Section 7?

Q4.Under Section 8 of The Guardians and Wards Act, 1890, if an uncle wants to be legally declared the guardian of his nephew, can he apply himself?

7PreviousSection 7 Power of the Court to make order as to guardianship.9NextSection 9 Court having jurisdiction to entertain application.

←Section 7 Section 9→