1995 A I H C 6089 ::(1995) 2 LS 219 ::(1996) 2 HinduLR 364 ::(1995) 2 CivilCourtC 487 ::(1996) 1 DMC 48 ::(1996) 1 LJR 228

Andhra Pradesh High Court

Hon'ble Judge(s): B.k. Somasekhara , J

(A) Hindu Law - Property of minor Alienation of by mother Can be done only in the absence or death of father Or when he conflicts with the interest of minor.Words and phrases 'De jure guardian' and 'de facto guardian' Meaning of Explained. 'De jure' is a Latin phrase meaning 'by law'; 'as a matter of law' etc. As an adjective 'de jure' means 'rightful', as an adverb 'rightfully', as an expression 'by right'. A 'de jure guardian' or 'de facto guardian' are the composite expressions with prefixes, namely, 'de jure' and 'de facto'. A 'de jure guardian' is a guardian as a matter of law or as of right and, therefore, means a natural guardian or a guardian appointed by the Will, guardian appointed by the Court or declared by law or a person empowered to act under law. This should include both father and mother of the minor in order i.e., first father and then mother. Similarly a 'de jure guardian' is one who has the care and the management of the person or the estate or the both of a child during minority. Such a guardian is also called as 'Guardian by Nature' who is the father and on his death the mother. Curiously enough where a guardian may not be strictly acting by the garb of law or not by strictly as of contextual factual situation, he would be styled as a guardian, namely,' Guardian de son tort' sometimes described as 'quasi guardian' who assumes to act as ....