Points of Consideration for Guardianship

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Points of Consideration for Guardianship

Unread postby Admin » Fri Aug 17, 2012 6:01 am

Points of Consideration for Guardianship

Before going to any decision, the Court make the following inquiry and consider the following points:-
1. whether the appointment is for the welfare of the minor.

2.whether the application is bona fide or necessary.

3. whether the minor has any present interest in any property or has merely a contingent interest.

4. whether the minor has any property at all of which a guardian should be appointed.

5. whether an allegation in the petition that the property of the minor is his separate property and not an undivided share in a Mitakshara Joint Hindu Family is correct.

6. whether there is a guardian appointed by will or other instrument by a competent person.

7. Whether the allegations urged under section 39 against a certified or testamentary guardian are made out to justify a new appointment.

8. Whether the father or husband of the minor is not fit to be a guardian.

9. Whether the award of the Arbitrators or the compromise of contesting parties is for the welfare of the minor.
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