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Section 23: Control of Collector as guardian

Guardians and Wards Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1890
Section 22 All 53 Sections of Guardians and Wards Act Section 24

Legal Commentary & Landmark Judgments: Section 23

Section 23 establishes the fiduciary and trustee status of a guardian under the Act, imposing strict fiduciary duties of honesty, care, and prohibition of self-dealing.

  • Fiduciary Character of Guardianship: A guardian stands in a fiduciary relation to his ward, and, save as provided by will or court order, he must not make any profit out of his office.
  • Prohibition of Self-Dealing: The guardian is strictly prohibited from purchasing the minor's property, leasing it to himself, or entering into contracts where personal interest conflicts with fiduciary duty.
  • Trustee Standards Applied: Applies the strict principles of the Indian Trusts Act, 1882 to all property dealings undertaken by the guardian.
Key Landmark Precedents:
  • Gaurav Nagpal v. Sumedha Nagpal (2009) 1 SCC 42: The Supreme Court held that the fiduciary relationship under Section 23 demands the highest standards of probity; any secret transaction by a guardian for personal enrichment constitutes a breach of trust.
  • Nil Ratan Kundu v. Abhijit Kundu (2008) 9 SCC 413: Emphasized that the fiduciary duty under Section 23 encompasses not only financial integrity but also providing moral and emotional support to the child.
Courtroom Practice & Strategic Litigation Guidance:

If a guardian sells the ward's land to his own spouse, business partner, or close relative at an undervaluation, immediately institute a suit under Section 23 r/w Section 39 to set aside the sale and remove the guardian for gross breach of fiduciary duty.

Section 22 All 53 Sections of Guardians and Wards Act Section 24