(1) A Hindu father entitled to act as the natural guardian of his minor legitimate children may, by will appoint a guardian for any of them in respect of the minor's person or in respect of the minor's property (other than the undivided interest referred to in section 6) or in respect of both.
(2) An appointment made under sub-section (1) shall have no effect if the father predeceases the mother, but shall revive if the mother dies without appointing, by will, any person as guardian.
(3) A Hindu widow entitled to act as the natural guardian of her minor legitimate children, and a Hindu mother entitled to act as the natural guardian of her minor legitimate children by reason of the fact that the father has become disentitled to act as such, may, by will, appoint a guardian for any of them in respect of the minor's person or in respect of the minor's property (other than the undivided interest referred to in section 6) or in respect of both.
(4) A Hindu mother entitled to act as the natural guardian of her minor illegitimate children may, by will, appoint a guardian for any of them in respect of the minor's person or in respect of the minor's property or in respect of both.
(5) The guardian so appointed by will has the right to act as the minor's guardian after the death of the minor's father or mother, as the case may be, and to exercise all the powers of a natural guardian under this Act to such extent and subject to such restrictions, if any, as are specified in this Act and in the will.
Legal Commentary & Landmark Judgments: Section 9
Section 9 regulates the testamentary appointment of guardians by Hindu parents through a valid will, defining the circumstances under which testamentary appointments take effect or revive.
When drafting wills for parents with minor children, advise that under Section 9, a father cannot appoint a testamentary guardian to supersede the surviving mother. The mother remains the sole natural guardian upon his death, and her testamentary choice prevails if she executes a will.