Section 9 of HMGA : Section 9: Testamentary Guardians And Their Powers

Explanation using Example

Imagine a scenario where Mr. Sharma, a Hindu father of a minor son, is concerned about his child's welfare after his demise. Mr. Sharma has substantial property and wants to ensure his son is well taken care of. He writes a will appointing his brother as the guardian of his son's person and property, in case of his untimely death. This is in accordance with Section 9(1) of The Hindu Minority and Guardianship Act, 1956.

Unfortunately, Mr. Sharma passes away when his son is still a minor. However, the child's mother is still alive. As per Section 9(2), the appointment of Mr. Sharma's brother as the guardian does not take effect immediately because the mother survives Mr. Sharma and she becomes the natural guardian of the minor.

Later on, the mother also passes away without appointing a guardian for her son in her will. At this point, Mr. Sharma's brother's appointment as guardian revives, and he assumes the role of the guardian for the minor's person and property, as Mr. Sharma had initially intended in his will, as per the revival clause in Section 9(2).