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It was father's prerogative to appoint testamentary guardians.

By appointing a testamentary guardian the father could exclude the mother from her natural guardianship of the children after his death.

The District Court has the power to appoint or declare a guardian in respect of the person as well as separate property of the minor.

The welfare of the children is of paramount consideration.However, she is the natural guardian of her minor legitimate children only if the father is dead or otherwise is incapable of acting as guardian.Proviso to clause (a) of Section 6, Hindu Minority and Guardianship Act lays down that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. Jayanta Bandhopadhaya, the Supreme Court has held that under certain circumstances, even when the father is alive mother can act as a natural guardian.The position of adopted children is at par with natural-born children.The mother is the natural guardian of the minor illegitimate children even if the father is alive.The Dharmashastras did not deal with the law of guardianship.During the British regime the law of guardianship was developed by the courts.Minor Children Under the Hindu Minority and Guardianship Act, 1956, S.4(b), minor means a person who has not completed the age of eighteen years.If mother does not appoint, father's appointee will become the guardian.It seems that a Hindu father cannot appoint a guardian.


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