Leave Guardian

Asked in Family

  • Saksham Sharma

    Jaipur

Expert's Answers(2)

  • Kishan Dutt Kalaskar 40 years Exp (Retired Judge)

    Bengaluru Urban, Karnataka
      187 Client Ratings

    Dear Sir/Madam, 1. I have perused your legal problem which requires more study and honest legal opinion can be given only after seeing your documents. 2. Please send brief history of your legal problems and attached scanned documents to my e-mail. 3. You can share my details from the administrators of www.vkeel.com by clicking “BOOK APPOINTMENT” under my name and then select “Message Consultation”

    January 8, 2018
  • Advocate N Karthikkanna

    Madurai, Tamil Nadu
      60 Client Ratings

    If u attain majority, guardianship ceases automatically.. if u r still minor, you should file petition under Sec.39 of Guardianship & Wards Act, through any other major person interested. Following is the provision... 39. Removal of guardian.The Court may, on the application of any person interested, or of its own motion, remove a guardian appointed or declared by the Court, or a guardian appointed by will or other instrument, for any of the following causes, namely: (a) for abuse of his trust (b) for continued failure to perform the duties of his trust (c) for incapacity to perform the duties of his trust (d) for ill treatment, or neglect to take proper care, of his ward (e) for contumacious disregard of any provision of this Act or of any order of the Court (f) for conviction of an offence implying, in the opinion of the Court, a defect of character which unfits him to be the guardian of his ward (g) for having an interest adverse to the faithful performance of his duties (h) for ceasing to reside within the local limits of the jurisdiction of the Court (i) in the case of a guardian of the property, for bankruptcy or insolvency (j) by reason of the guardianship of the guardian ceasing, or being liable to cease, under the law to which the minor is subject. Provided that a guardian appointed by will or other instrument, whether he has been declared under this Act or not, shall not be removed (a) for the cause mentioned in clause (g) unless the adverse interest accrued after the death of the person who appointed him, or it is shown that that person made and maintained the appointment in ignorance of the existence of the adverse interest, or (b) for the cause mentioned in clause (h) unless such guardian has taken up such a residence as, in the opinion of the Court, renders it impracticable for him to discharge the functions of guardian. 40. Discharge of guardian. (1) If a guardian appointed or declared by the Court desires to resign his office, he may apply to the Court to be discharged. (2) If the Court finds that there is sufficient reason for the application, it shall discharge him, and if the guardian making the application is the Collector and the State Government approves of his applying to be discharged, the Court shall in any case discharge him.

    December 10, 2017