Hindu Minority and Guardianship Act 1956

Minor - Section 3(1) of Indian Majority Act

A Guardian is of custodial nature till the child reaches age of 18. Guardian is appointed to manage property and personal matters of the child.

 

1. Type of Guardians

1. Natural Guardian

- Biological Parents

- Legitimate Child for 1. Father 2. Mother

- Illegitimate Child for 1 Mother 2. Father

Guardianship extends till the age of 21 in case of property.

 

2. Testamentary Guardian

If parents of the child dies guardian will be:

(a) Person mentioned in father's will

(b) Person mentioned in mother's will

(c) As decided by the Court

 

3. Court decides Guardian

Court will appoint guardian

 

4. De-facto Guardians

Person voluntarily taken guardianship of a minor

 

 

 

Section 9 -  Testamentary guardians and their powers.

(1) A Hindu father entitled to act as the natural guardian of his minor legitimate children may, by will appoint a guardian for any of them in respect of the minor's person or in respect of the minor's property (other than the undivided interest referred to in section 12) or in respect of both.

(2) An appointment made under sub-section (1) shall have no effect if the father predeceases the mother, but shall revive if the mother dies without appointing, by will, any person as guardian.

(3) A Hindu widow entitled to act as the natural guardian of her minor legitimate children, and a Hindu mother entitled to act as the natural guardian of her minor legitimate children by reason of the fact that the father has become disentitled to act as such, may, by will, appoint a guardian for any of them in respect of the minor's person or in respect of the minor's property (other than the undivided interest referred to in section 12) or in respect of both.

(4) A Hindu mother entitled to act as the natural guardian of her minor illegitimate children may; by will, appoint a guardian for any of them in respect of the minor's person or in respect of the minor's property or in respect of both.

(5) The guardian so appointed by will has 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.

Section 10 - Incapacity of minor to act as guardian of property.

A minor shall be incompetent to act as guardian of the property of any minor

 

 

 

Section 12 Guardian not to be appointed for minors undivided interest in joint family property.

Where a minor has an undivided interest in joint family property and the property is under the management of an adult member of the family, no guardian shall be appointed for the minor in respect of such undivided interest:

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.

 

Section 13 - Welfare of minor to be paramount consideration

(1) In the appointment of declaration of any person as guardian of a Hindu minor by a court, the welfare of the minor shall be the paramount consideration.

(2) No person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law relating to guardianship in marriage among Hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor.