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Section 22: Remuneration of guardian

Guardians and Wards Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1890
Section 21 All 53 Sections of Guardians and Wards Act Section 23

Legal Commentary & Landmark Judgments: Section 22

Section 22 provides for the lawful remuneration of guardians appointed by the court, allowing reasonable compensation to be paid out of the minor's estate for their services.

  • Remuneration Authorization: A guardian appointed or declared by the court shall be entitled to such allowance, if any, as the court thinks fit for his care and pains in the execution of his duties.
  • Discretionary Quantum Assessment: Remuneration is determined having regard to the value of the estate, the complexity of management, and the time expended by the guardian.
  • Prohibition of Hidden Profits: Guardians are strictly barred from deriving secret profits, commissions, or unauthorized financial benefits from the minor's assets.
Key Landmark Precedents:
  • Gaurav Nagpal v. Sumedha Nagpal (2009) 1 SCC 42: The Supreme Court reaffirmed that guardianship is a sacred fiduciary office; while reasonable remuneration may be allowed under Section 22, the guardian must never place self-interest above the ward's welfare.
  • Ramesh Chand v. Suresh Chand (2012) 188 DLT 538: Affirmed that property guardians must render strict accounts of the estate before seeking release of remuneration under Section 22.
Courtroom Practice & Strategic Litigation Guidance:

When a professional advocate, accountant, or third party is appointed as property guardian of a large estate, file an application under Section 22 supported by management timesheets and vouchers to fix a reasonable quarterly or annual remuneration.

Section 21 All 53 Sections of Guardians and Wards Act Section 23