Can a person in india (over age 18) change his guardian even when his parents r alive.(advocates pls help)?

Question

suppose his parents r not cooperating in any field & the person doesn't want to have any relation with them. Nextly, the person wants to take admission in a college/univ, & parents sign & address r required. Then what is the action required to do.

Answer 1

Let’s see if a person over 18 years can change or appoint new guardians for himself or not. The Guardians and Wards Act, 1890 law relating to guardian and ward clearly provides under section 4 "Guardian" means minor for whose person or property or both there is a guardian. "Minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is to be deemed not to have attained his majority.
HINDU MINONORITY AND GUARDIANSHIP ACT, 1956 provides in section 4a ‘minor’ means a person who has not completed the age of eighteen years
4b provides ‘guardian’ means a person having the care of the person of a minor or of his property, or of both his person and property and includes-
(i) a natural guardian,
(ii) a guardian appointed by the will of the minor's father or mother,
(iii) a guardian appointed or declared by a court, and
(iv) a person empowered to act as such by or under any enactment relating to any Court of Wards;
Under the Indian Majority Act, 1875, a person attains majority on his completing the age of 18 years but it before the completion of that age he has a guardian appointed by the court, he attains majority on completing the age of 21 years.
The Hindu Adoptions and Maintenance Act, 1956 provides in section 7 Capacity of male Hindu to take in adoption.- Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption:
section 3 (c) "minor" means a person who has not completed his or her age of eighteen years.
section 9. Persons capable of giving in adoption.- (1) No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption.
After going through all these relevant provisions of law what I can say in such a case that a person already of 18 years of age in not a minor who can be get any guardian appointed by the court, nor he can be adopted without the permission of the natural or adopted parents. Rather any person who is of sound mind & more then 18 years of age can himself adopt a son or daughter with the due permission of the parents of such a person if he so desire. As far taking admission in a college/university is concerned no such institution requires the signatures of the parents as the person/ student himself is a major according to the law & fully capable of doing the things himself.

Answer 2

Under Indian Majority Act, a person who has completed 18 years is a major. Hence the question of a guardian to a major does not arise.

Guardians and ward Act prescribes procedure for appointing a guardian. Guardian can be appointed through a court or by a will. In this case, a guardian can be appointed if he is a minor.

Here, your question is not exactly for appointment of a guardian. It seems that you have a problem with your parents. You can speak to them and convince them. If you do not want to have any relation with them, then their address and signature are also cannot be demanded.

If you want address and signature in application forms, I suggest you to get admission into a hostel. So that you can get an address and you may get the signature of the Hostel keeper(Warden/manager) if you could convince him of your problem.

Legally, I am afraid that you may not get a guardian since law do not permit for it.

Answer 3

yes because legally he does not even need a guardian.