Section 136: Priority order of guardian

1) Subject to the other Sections of this Chapter, a person in the following priority order shall, ipso facto, be a guardian of an incompetent or quasi-competent person:

(a) Husband or wife living in a joint family,

(b) Father or mother,

(c) Son, daughter or widow daughter-in-law living in a joint family,

(d) Separated husband or wife,

(e) Separated son, daughter or widow daughter-in-law,

(f) Grandfather or grandmother,

(g) Grandson or granddaughter,

(h) Elder or younger brother or elder or younger sister,

(i) Grandfather, grandmother on the mother’s parent side, maternal uncle, maternal aunt.

2) Notwithstanding anything contained in sub-section (1), the following person shall be a guardian in the following circumstances:

(a) Where there is more than one person in one priority order eligible to be a guardian, the person mutually agreed upon by them, and in the absence of such agreement, the person as designated by the court,

(b) In the case of a person of sound mind and having attained ten years of age, a person chosen by him or her,

Provided that in so choosing the guardian, a deed shall be executed to that effect and certified by the court.

(c) In the case of a minor of a couple whose matrimonial relationship has been extinguished in accordance with law, the father or mother who maintains him or her,

(d) If any person who is in the first priority order declines to be a guardian, becomes of unsound mind or does not act in the capacity of a guardian, the person who is in the next priority order.

Provided that if a person in the next order is to so become a guardian, the person shall get it certified by the court that he or she is the guardian.