Where the mother has appointed a testamentary guardian, upon her death the guardian appointed by her would have precedence over the testamentary guardian appointed by the father. Under old Hindu Law the father could deprive the mother from natural guardianship. Under Section 6 of the Act it has been provided that minor children below the age of five years would be under the custody of mother although the father may remain the natural guardian. The old Hindu law recognised the powers of a de facto guardian of a minor to intermeddle with his estates which were held to be ñî-extensive with that of the natural guardian. Now the Act has taken away the powers of a dc facto guardian to deal with or dispose of the property of a Hindu mother.
Under the present Act no person shall be entitled to act as guardian if he or she has ceased to be a Hindu or has renounced the world by becoming a Sanyasi, the Act has considerably restricted the powers of a natural guardian regarding alienations of the immovable property of the minor. Now under the Act he cannot alienate the immovable property of the minor without the previous permission of the court Section 8 (2). The father used to exercise unlimited powers with respect to minor’s person and property under the law immediately before the enforcement of the Act. The powers of the testamentary guardian have also been considerably limited under the Act. In fact the Minority and Guardianship Act, 1956 is not a complete legislation; it is only a supplemental law. The laws as contained in the Guardianship and Wards Act, 1890 have to be relied on in all those cases where the Minority and Guardianship Act, 1956 is silent.
There are several sections in the Act of 1956 where the provisions of the Guardianship and Wards Act, 1890 have been referred to and applied.