Testamentary
guardians and their powers.
9. (1)
A Hindu father entitled to act as the natural guardian of his minor legitimate
children may, by will, appoint a guardian for any of them in respect of the minor's person
or in respect of the minor's property (other than the undivided interest referred to in
section 12) or in respect of both.
(2) An appointment
made under sub-section (1) shall have no effect if the father pre-deceases the mother, but shall revive,
if the mother, dies without appointing, by will, any
person as guardian.
(3) A Hindu
widow entitled to act as the natural guardian of her minor legitimate
children, and a Hindu mother entitled to act as the natural guardian of her minor
legitimate children by reason of the fact that the father has become disentitled to act as
such, may, by will, appoint a guardian for any of them in respect of the minor's person or
in respect of the minor's property (other than the undivided interest referred to in section
12) or in respect of both.
(4) A Hindu
mother entitled to act as the natural guardian of her minor illegitimate
children may, by will, appoint a guardian for any of them in respect of the minor's person
or in respect of the minor's property or on respect of both.
(5) The guardian
so appointed by will has the right to act as the minor's guardian after the
death of the minor's father or mother, as the case may be, and to exercise all the rights of
a natural guardian under this Act to such extent and subject to such restrictions, if any, as
are specified in this Act and in the will.
(6) The right
of the guardian so appointed by will shall, where the minor is a girl, cease
on her marriage.