Comparative Analysis of Guardianship Laws in India

Abstract

Guardianship is a concept or relationship arising from the natural incapacitates of infants and persons of unsound mind and sometimes other category of persons to manage their own affairs. A guardian is a person who has the authority and the corresponding duty to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability. Most countries and states have laws that provide that the parents of a minor child are the legal guardians of that child, and that the parents can designate who shall become the child's legal guardian in the event of death. Chapter one deals with introduction of the topic explaining role of Family Law, object and purpose of writing of the project, the research methodology used, the significance of the study undertaken for the project, the chapterization scheme, concept of guardianship and the powers of a guardian. Chapter two deals with Guardianship under Hindu Law, chapter three deals with Guardianship under Muslim Law and chapter four with guardianship under other laws, i.e, under Christian Law and under Parsi Law. The last chapter deals with conclusion of the project.