Hindu Minority and Guardianship Act 1956
Previous year question
- Who are the natural guardians of a Hindu minor? What are their powers? [DAVV]
[refer Sec 6 natural guardians and Sec 8 of the act - powers of natural guardian]
Select provisions from the act
Sec 4 Definitions
- “minor” means a person who has not completed the age of eighteen years;
- “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—
- natural guardians as mentioned in sec 6
Sec 6 Natural guardian of a minor
natural guardians of a Hindu minor; in respect of the
minor's person as well as in respect of the minor’s property (excluding his or her undivided interest in
joint family property), are—
(a) in the case of a boy or an unmarried girl—the father, and after him, the mother, custody of a minor below five years shall ordinarily be with the
mother;
(b) in the case of an illegitimate boy or an illegitimate unmarried girl—the mother, and after her,
the father;
(c) in the case of a married girl — the husband:
Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section— (a) if he has ceased to be a Hindu, or (b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi).
Sec 7 Natural guardianship of adopted son
on adoption passes to the adoptive father and after him to the adoptive mother
Sec 8 Powers of a Natural Guardian
1. power, subject to
the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of
the minor or for the realization, protection or benefit of the minor's estate; but the guardian can in no case
bind the minor by a personal covenant
2. The natural guardian shall not, without the previous permission of the court,—
(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the
immovable property of the minor; or
(b) lease any part of such property for a term exceeding five years or for a term extending more
than one year beyond the date on which the minor will attain majority.
3. Any disposal of immovable property by a natural guardian, in contravention of subsection (1) or
sub-section (2), is voidable at the instance of the minor or any person claiming under him.
4. No court shall grant permission to the natural guardian to do any of the acts mentioned in subsection (2) except in case of necessity or for an evident advantage to the minor.
4. No court shall grant permission to the natural guardian to do any of the acts mentioned in subsection (2) except in case of necessity or for an evident advantage to the minor.
Sec 9 Testamentary guardians and their powers (guardians mentioned in the will)
(5) The guardian so appointed by will have the right to act as the minor’s guardian after the death of
the minor’s father or mother, as the case may be, and to exercise all the rights of a natural guardian under
this Act to such extent and subject to such restrictions, if any, as are specified in this Act and in the will.
(6) The right of the guardian so appointed by will shall, where the minor is a girl, cease on her
marriage.
Sec 10. Incapacity of minor to act as guardian of property of any minor
Sec 11 De facto guardian not to deal with minor’s property - they can't dispose of minor's property simply because they are de factor guardian
Sec 12. Guardian not to be appointed for minors' undivided interest in joint family property.—
Provided that nothing in this section shall be deemed to affect the jurisdiction of a High Court to
appoint a guardian in respect of such interest.