Case: Appointment of Testamentary Guardian for an Illegitimate Child

Facts of the Case:

• The question pertains to the appointment of a testamentary guardian for an illegitimate child.

Issues in the Case:

• Who has the authority to appoint a testamentary guardian for an illegitimate child?

Principle:

• The Hindu Minority and Guardianship Act, 1956, governs matters of guardianship among Hindus in India.
• Section 9(4) of the Act grants the mother of an illegitimate child the authority to appoint a testamentary guardian.

Judgement:

• The mother of the illegitimate child has the authority to appoint a testamentary guardian, as per Section 9(4) of the Hindu Minority and Guardianship Act, 1956.
• Normally, the father is the natural guardian of his legitimate children and can appoint a testamentary guardian for them through his will.
• However, if the child is illegitimate, the mother becomes the natural guardian and holds the right to appoint a testamentary guardian for the minor illegitimate child.
• The testamentary guardian appointed by the mother assumes responsibility for the child’s person and property during their minority.
• It’s important to note that if the mother dies without leaving a will, the testamentary guardian appointed by the father may revive and take over guardianship.

Based on the provisions of the Hindu Minority and Guardianship Act, 1956, and the principles of guardianship law, the mother of the illegitimate child holds the authority to appoint a testamentary guardian for the minor illegitimate son.