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Q 3: Who is Entitled to become a Guardian for Property and Person of a Minor?
A: Following are the persons legally entitled to act as guardian of the property of the minor in order of preference:
1. The father
2. the executor appointed by father’s will
3. The father’s father
4. the executor appointed by the will of the father’s father and failing all these
5. the person appointed by the Court to act as guardian of the minor’s property.
Thus there are three kinds of legal guardians of the minor’s property:
1. NATURAL GUARDIANS: These are the father and father’s father. The father is the primary natural guardian. If he grows too old and infirm and unable to discharge his duties he may delegate his power to another person to act as the guardian of the minor even inter vivos.
2. TESTAMENTARY GUARDIANS: These are the executors of the will of the father and father’s father. If an executor is appointed generally and not for the particular purpose of looking after the property of the minor, such general executor may appoint his executor to act as guardian of the minor’s property.
3. GUARDIANS APPOINTED BY COURT: Court appoints guardians of the property in the absence of guardians mentioned above. Their appointment, powers and duties are governed by the Guardian and Wards Act.