All the money which came from insurance/property all taken by father side grand parents. we ( mother side grand parents) want to have the custody of child till she become major. All the grand parents are senior citizens. mother has got two good understanding sisters. Father has got only one brother in abroad.
A minor child when he has no legal guardian, some nearer relation takes the responsibility of the management of his property and on his application to the court as guardian, if the court appoints him, he becomes the court guardian.
However, such person, if he does not make application to the court, but manages the property of minor, he is referred to as de facto guardian. He is also referred to as de facto manager of the property, because a de facto guardian of a minor, is neither a legal guardian nor a testamentary guardian and nor a guardian appointed by the court, but he is a person, who himself, has taken over the management of the affairs of the minor, as if he were a natural guardian.
The Hindu Minority and Guardianship Act, 1956 does not recognise a de facto guardian. Section 11 of the Act expressly negates the power of de facto guardian to alienate or deal with the property of a Hindu minor. A de facto guardian is a person who takes continuous interest in the welfare of the minor's person or in the management and administration of his property without any authority of law. The term 'de facto guardian' as such is not mentioned in any of the texts, but his existence has never been denied in Hindu law
Therefore to manage the property of the minor child, one has to apply to the court for guardianship of the minor child. The courts are empowered to appoint guardians under the Guardians and Wards Act, 1890. The District Court may appoint or declare any person as the guardian whenever it considers it necessary in the welfare of the child.' In appointing ,,a" guardian, the court takes into consideration various factors, including the age, sex, wishes of the parents and the personal law of the child. The welfare of the children is of paramount consideration.