The Travancore Christian Guardianship Act
The law relating to guardianship among Christians of the erstwhile Travancore area in the State of Kerala is the Travancore Christian Guardianship Act of 1941. This Act declares that the following persons, in the order named shall be the legal guardians of minors in respect of their person and properties, namely, the father, mother, paternal grandfather, full-brothers in the order of seniority, half-brother by the same father, paternal uncles in the order of seniority and maternal uncles in the order of seniority, provided always that the husband shall be the legal guardian of his minor wife in respect of her person and property.
In fact the provisions of the Travancore Christian Guardianship Act specifically declares as to who shall be the legal guardian of a minor. When a statute declares a person to be the legal guardian of a minor child, no further decree from a Court is necessary to establish the right of a person as guardian. This has been so held by the High Court of Kerala in Paily Joseph v. Union of India . As regards alienation of the property of a minor, the High Court of Kerala in Punnoose v. Koruthu, (1951 K.L.T. 223) has ruled that it cannot be alienated by an unauthorised person and such a transaction is void and the possession of the alienee would be that of a trespasser.
Read more about this topic: Christian Law Of Guardianship In India
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