petition for the removal of first respondent from her position as testamentary guardian of the person and property of a minor Thirugnanavalli Ammal ... testamentary guardian as unchallenged. It was the consciousness of the people in this Presidency that a father could appoint a testamentary guardian
dies without appointing, by Will any person as guardian."
Thus, any appointment of a testamentary guardian by a Hindu father by a Will ... property cannot be displaced by a testamentary guardian. And the appointment of a testamentary guardian is ineffective during the mother's life time
whether in general a Hindu father has power to appoint a testamentary guardian of property by will. In that respect no doubt there ... himself and his minor coparceners is not competent to appoint a testamentary guardian to the coparcenar properties of the minor coparceners. Mr. Justice Ayling
that a Hindu father has not the power to appoint a testamentary guardian; (3) that if there is such a power, still Bai Panbai ... Hindu father has power to appoint a testamentary guardian, it is not by virtue of any statute; for Section 47 of the Indian Succession
Mahomedan Law,
four types of guardians are recognised being (1) Natural or
legal guardian de jure, (2) Testamentary guardian (3) Guardian
appointed by Court ... grandfather or paternal grandfather's
executor can act as legal guardian. Testamentary guardian is a
guardian appointed by Will and even a non Muslim
Ludhabhai as a testamentary guardian of the minor by his father and he submitted that his client as such testamentary guardian was entitled to retain ... consideration is.--Is the testator's brother appointed a testamentary guardian of the minor, Ebrahim, under the Will of the minor's father
expressly appoint any executors of his will or guardians of his minor grandchildren. It was argued that an express appointment was not necessary ... guardianship. According to that law, in the absence of duly appointed testamentary guardians the care of Ahmad Ali's property would devolve first
decision are whether Article 44 applies to a sale by the natural guardian of a Hindu minor, and, secondly, whether it is necessary to have ... which it is held to be restricted to sales by testamentary guardians or guardians appointed by the Court. The mother of a Hindu minor
doubtful whether a Hindu father could appoint by will a testamentary guardian of the joint family property. The decision in that case was based
previously made an application under the Guardians and Wards Act for a declaration that she was the guardian of the person and the property ... opposed by the petitioners for probate who claimed to be testamentary guardians of the property, and in those proceedings it was contended that the will
