Question

Who is lawful guardian

• A. A person who in law represents the Minor :
• B. A person who has been appointed by the court
• C. A person who has been authorised to represent an unmarried daughter
• D. All the above

Hint:

When a question asks for the definition of a broad legal term and the options provide a general definition as well as specific examples, the "All of the above" option is often correct as it encompasses the full scope of the term.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks for the definition of a "lawful guardian." A lawful guardian is a person who is legally recognized to take care of a minor and their property. The term encompasses several types of guardians recognized under various laws.

Step 2: Detailed Explanation:
Let's analyze the different categories of guardians in Indian law:
\begin{enumerate} \item Natural Guardian: A person who becomes a guardian by virtue of their natural relationship with the minor, such as a father or mother. For an unmarried daughter, the father is the natural guardian, followed by the mother. This is a form of lawful authorization, fitting option (C).
\item Testamentary Guardian: A guardian appointed by the will of the minor's father or mother.
\item Guardian appointed by the court: A person appointed by a court of law under the Guardians and Wards Act, 1890. This directly corresponds to option (B).
\item Guardian ad litem: A person appointed by the court to represent a minor in a specific lawsuit (under Order 32 of CPC).
\end{enumerate} Now let's look at the options: \[\begin{array}{rl} \bullet & \text{(A) A person who in law represents the Minor: This is a broad, functional definition that covers all types of lawful guardians. A lawful guardian's primary role is to legally represent the minor. } \\ \bullet & \text{(B) A person who has been appointed by the court: This describes one specific type of lawful guardian. } \\ \bullet & \text{(C) A person who has been authorised to represent an unmarried daughter: This describes a natural guardian (typically the father), who is also a lawful guardian. } \\ \end{array}\] Since a lawful guardian can be a natural guardian (like the one in C), a court-appointed guardian (like in B), and the general function of all such guardians is to legally represent the minor (as in A), all the statements are correct aspects of the concept.

Step 3: Final Answer:
The correct answer is (D) All the above, because the term "lawful guardian" is a comprehensive term that includes natural guardians, court-appointed guardians, and whose general role is to represent the minor in law.