Who can Appoint a Testamentary Guardian under Hindu Law?

In fact even during the father’s life-time the mother can now appoint a testamentary guardian for the minor children, in case the father becomes disentitled to act as guardian, e.g. by renouncing Hinduism or becoming a Sanyasin.

So far as illegitimate children are concerned it is only the mother that can appoint a testamentary guardian. Such a testamentary guardian can function as guardian on her death, even though the mother predeceases the putative father.

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The powers of the testamentary guardian can in no case exceed those of the natural guardian. These powers can be curtailed by the provisions of the will itself, so the restrictions imposed by the will have to be taken into account.

Subject to this his powers are those of a natural guardian only. So now under s. 8 he will have to take the prior sanction of the court for leases when the term of the lease exceeds five years or will extend beyond minority for more than a year. Similarly for alienation by way of sale, gift, mortgage, charge or exchange etc. such permission is necessary.

A testamentary guardian for a female minor ceases to be guardian when the minor is married since her husband then becomes her natural guardian.