The Court has power to make order to this effect under sub-section (4), (5) and (7) of Section 4 of the Guardians and Wards Act, 1890. But where the father has appointed a testamentary guardian the Court has no power to appoint a guardian under Sec. 7 of the Guardian and Wards Act.
The Court will have due regard of the welfare of the minor in appointing a guardian for his person. The Court shall have regard to the age and sex of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes of a deceased parent in considering the question of welfare of the minor’s person. If the minor is old enough to form an intelligent preference, the Court may consider that preference.
Under the Guardians and Wards Act, 1890 only for the separate property of the minor the guardian can be appointed and not for the joint family property. But a chartered High Court may in the exercise of its inherent power appoint the managing member of the family to be guardian of such undivided interest where such appointment is clearly for the benefit of the minor with power to him to alienate the joint family property.
In an Allahabad case the High Court, while holding that it had the power to appoint a guardian refused to do so on grounds of inexpediency and went to precedent. [In the matter of Govind Prasad (1928) 50 All. 709],
A guardian, appointed by the Court under the Guardian and Wards act, has no power to alienate the minor’s interest without the previous remission of the Court. Alienation without the permission of the Court is voidable at the option of the minor and other affected persons. Where the Court has given permission it cannot be impeached except on the ground of fraud and under hand dealing.