Role and Responsibilities of a Guardian of a Minor
The following Roles and Responsibilities of the Guardian shall apply and form an integral part of this WILL.
01
Under the Indian Succession Act, 1925
The Act does not lay down a detailed code of duties for a guardian of a minor beneficiary. The guardian's duties come mainly from the guardianship laws that apply alongside it.
Where a minor is a beneficiary, the property is managed on the minor's behalf by the guardian or by a trustee appointed in the will, according to the terms the testator has set.
02
Under the Hindu Minority and Guardianship Act, 1956
Act in the welfare of the minor. The welfare of the minor is the paramount consideration in everything the guardian does.
Look after the minor's person and manage the minor's property, including the property received under the will.
Do not mortgage, sell, gift or exchange the minor's immovable property, or lease it for a long term, without the prior permission of the court.
A transfer made without court permission can be set aside at the instance of the minor.
Do not buy the minor's property or profit personally from the position.
03
Under the Guardians and Wards Act, 1890
Apply to non-Hindus and to guardians appointed by the court.
Take care of the ward's person and property with the same care a prudent person would take of his or her own property.
A guardian named in the will acts within the terms of the will, but still needs court permission before transferring the ward's immovable property.
Provide for the ward's maintenance, health, education and upbringing.
Account for the property and hand it over to the ward on attaining majority.
04
In practice, the guardian should
Hold the inherited property for the minor's benefit only, and keep it separate from his or her own funds.
Spend on the minor's maintenance, education and healthcare from the estate, within reason.
Preserve the assets and invest them prudently.
Keep proper accounts and be ready to produce them when the court or the minor, after attaining majority, asks.
Hand over the property to the beneficiary on reaching 18, or at the age specified in the will.
