The Duties, Rights and Liabilities of a Guardian

In one line

A guardian of property must deal with it as a prudent man would deal with his own, may not transfer or long-lease immovable property without the court's previous permission, and is liable to account as a trustee.

Section 26: taking the ward out of the jurisdiction

A guardian of the person appointed or declared by the Court, unless he is the Collector or is a guardian appointed by will or other instrument, shall not, without the leave of the Court by which he was appointed or declared, remove the ward from the limits of its jurisdiction except for such purposes as may be prescribed. The leave may be special or general and may be defined by the order granting it.

Three points. The prohibition binds a guardian appointed or declared by the Court, and expressly not the Collector or a testamentary guardian. It is about the person of the ward, not his property. And a breach is an offence under section 44, punishable with fine up to a thousand rupees or civil imprisonment up to six months, taken in [Termination of Guardianship, Procedure and Appeal].

Section 27: the standard of care

A guardian of the property of a ward is bound to deal therewith as carefully as a man of ordinary prudence would deal with it if it were his own, and, subject to the provisions of this Chapter, he may do all acts which are reasonable and proper for the realisation, protection or benefit of the property.

Two halves again, and they mirror section 8(1) of the Hindu Minority and Guardianship Act.

The standard is the prudent man dealing with his own property. Not perfection, and not the standard of a professional trustee: the ordinary prudence a person would use about his own affairs. It is the standard the classical law applied to a manager dealing with an infant heir's estate, the rule in Hunoomanpersaud, which is in [Alienation of Property: Separate and Coparcenary].

The power is as wide as the purpose. All acts reasonable and proper for the realisation, protection or benefit of the property, subject to the rest of Chapter III, which is where sections 28 to 34 bite.

Section 28: the testamentary guardian's power

Where a guardian has been appointed by will or other instrument, his power to mortgage or charge, or transfer by sale, gift, exchange or otherwise, immovable property belonging to his ward is subject to any restriction which may be imposed by the instrument, unless he has under this Act been declared guardian and the Court which made the declaration permits him by an order in writing, notwithstanding the restriction, to dispose of any immovable property specified in the order in a manner permitted by the order.