Section 9: Testamentary guardians and their powers

Hindu Minority & Guardianship • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956

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.

  • Father's Testamentary Power: A Hindu father entitled to act as natural guardian may by will appoint a guardian for any of his minor children in respect of the minor's person or property.
  • Mother's Paramount Surviving Right: An appointment made by the father has no effect if the father predeceases the mother; it revives only if the mother dies without appointing any guardian by will.
  • Mother's Independent Testamentary Power: A Hindu mother entitled to act as natural guardian, or a Hindu widow, may by will appoint a guardian for any of her minor children, which takes effect immediately upon her death.
Key Landmark Precedents:
  • Gita Hariharan v. Reserve Bank of India (1999) 2 SCC 228: The Supreme Court noted that Section 9 explicitly recognizes the supremacy of the surviving mother's natural guardianship over any testamentary appointment made by the deceased father.
  • V.V. Giri v. D. Suri Dora (1960) 1 SCR 426: Affirmed that testamentary guardianship under personal law must strictly conform to statutory conditions precedent to operate validly.
Courtroom Practice & Strategic Litigation Guidance:

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.