GUARDIAN AND WARDS ACT

(BY: MALIK MUHAMMAD UMMER AWAN) E-mail: bristersinn@gmail.com

1).INTRODUCTION o Father.
o Father’s Father.
Guardians and wards Act 1890 upholds many provisions regarding rights, o Mother’s Father.
duties and liabilities of a guardian under Chapter III of such Act. o Full Brother.
o Consanguine Brother.
2).RELEVANT PROVISION o Uterine Brother, etc.

Chapter. III of the Guardian and Wards Act (1890) . According to Shia Law

3). CROSS REFERENCE o Father.

o Father’s Father, or
Order. XXXII, Rule. 1 & 4(2) of Code of Civil Procedure, 1908. o After His Death any other Male Relative Who is very Close to
the Minor.
Sec. 420, 468, 465, 471& 408 of Pakistan Penal Code, 1860.
B. For Property
4).INTERPRETATION OF TERM GUARDIAN o De Jura Guardian.
o Testamentary Guardian.
One who has the legal authority and duty to care for another's person or
o De Facto Guardian.
property
o Guardian Appointed by Court.

5).INTERPRETATION OF TERM MINOR U/S. 4(1)

11). RIGHTS OF GUARDIAN
"Minor" means a person who, under the provisions of the Majority Act,
1875, is to be deemed not to have attained his Majority

6).DEFINITION OF TERM GUARDIAN U/S. 4 (2)

As to Person
'Guardian' means a person having the care of the person of a minor or his
a. Right to hold Custody of Minor U/S.25
property, or of both his person and property.
Guardian is entitled to the custody of the ward under the spirit
of his office.
7).DEFINITION OF TERM WARD U/S. 4 (3)
b. Right to take back minor from any unauthorized person
Guardian holds a unique right to take back the minor from any
'Ward' means a minor for whose person or property, or both, there is a
unauthorized person.
guardian.
c. Right to Remuneration U/S. 22
8).REFERANCE FROM QURAN A guardian appointed or declared by the Court shall be entitled
to such allowances, if any, as the Court thinks fit for his care
According to Surah.5, Verse no.55 and pains in the execution of his duties.
d. Right of survivorship among joint guardians U/S. 38
Verily, your guardian is Allah, His Messenger, and the believers—those On the death of one of two or more joint guardians, the
who perform the prayers and give zakat (alms) while bowing down. guardianship continues to the survivor or survivor until a
further appointment is made by the Court.
9). KINDS OF GURDIAN
As to Property
o Guardian of Person
o Guardian of Property a. Right to Charge For Services Rendered
o Guardian for Both Person or Property Guardian has right to charge for his services but with the
permission of the Court.
10).WHO CAN BE A GUARDIAN IN ISLAM b. Right to Get Instructions from Court U/S. 33
A guardian may apply by petition to the Court for its opinion,
A. For Person advice or direction on any present question respecting the
management or administration of the property of his ward.
According to Sunni Law c. Right to sale Property
Guardian can sale the property of the ward to protect the
o Mother. benefits of ward, for his welfare.
o Mother’s Mother. d. Right to Lease
o Father’s Mother. Guardian can Grant lease for the benefit of minor.
o Full Sister. e. Right to Terminate Lease
o Consanguine Sister. Guardian has right to terminate the lease as well as to grant it.
o Uterine Sister, etc. f. Right to Mortgage
Guardian Can Mortgage ward’s Property but only at the time
 In Case of Absence of above female Relations when it is needed for the benefit of such ward.
12). DUTIES OF GUARDIAN c. Duty to do all acts Directed by the Court Regarding Minor’s
Property
As to Person Guardian of Property is bound by Law to Do all suitable acts
Directed him by the court.
a. Duty to Look After the Ward d. Duty to Maintain Accounts Properly
Guardian is under an Obligation arises by virtue of his office is MUHAMMAD PARYAL (Versus) UMED ALI 1986 CLC 329
bound to look after the ward. KARACHI-HIGH-COURT-SINDH
b. Duty to Provide Medical Assistance to the Ward U/S. 24 Guardian is required to maintain proper and regular accounts
One of the prime duties of Guardian of minor person is to so as to render exact accounts on demand.
provide proper Health Assistance to the minor e. Duty not to make profit out of his office U/S. 20
c. Duty to Provide Education to the Ward U/S. 24 He must not make any profit out of his office. It is one of the
Guardian is duty bound to provide educational Assistance to requirements needed for such office of Guardian.
minor. It is for the welfare of Minor.
d. Duty Not to Remove Ward From the Jurisdiction of the 13). LIABILITIES OF GUARDIAN
Court U/S. 26
Guardian cannot remove a ward from jurisdiction of the court f. Liability to work honestly
without courts permission. g. Liability to keep in view the interest of minor while acting
Exception: Guardian Appointed under will or any other Non- his duties
testamentary Instrument h. Liability to protect the title of property
i. Liability to recover Possession from unauthorized person
As to Property j. Liability to work with full diligence
k. Liability to acquaintance himself with his duties
a. Duty to manage Property Carefully U/S. 27
A guardian of the property of a ward is bound to deal with as 14). CONCLUSION
carefully as a man of ordinary prudence would deal with it
b. Duty to Protect Benefits of Minor arises out of his Property It is Concluded that a Guardian whether appointed for minor person or
He may do all acts which are reasonable and proper for the property or for both person and property has many duties, rights and
realization, protection or benefit of the property. liabilities by virtue of his office.
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