(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) Grand-father or grand-mother,
(g) Grand-son or grand-daughter,
(h) Elder or younger brother or elder or younger sister,
(i) Grand-father, grand-mother on the mother's parent
side, maternal uncle, maternal aunty.
(2) Notwithstanding anything contained in sub-section (1),
the following person shall be a guardian in the following
circumstances:
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(a) Where there are 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.