Husband appoints ‘X’ as testamentary guardian for his minor son when his wife is living. Decide the validity of the appointment.

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Answer:

As per the Hindu Minority and Guardianship Act, 1956, the natural guardian (generally the father) can appoint a guardian for his minor legitimate children or for their properties by a will.

 

If the mother is alive, then the will has no effect because the mother is the second natural guardian. After her death, the will written by the father becomes effective.

 

In the given problem, since the wife is living, the will appointing the testamentary guardian shall take effect only after the death of the wife, since mother is the second natural guardian.

Last Updated On January 29, 2018
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