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HINDU MINORITY AND GUARDIANSHIP ACT, 1956

• The modern laws on minority and guardianship are regulated by the Hindu Minority and
Guardianship Act, 1956. The father is the natural guardian of the child and after his death, the
mother will take the responsibility of the guardianship of the child.
• According to Section 4(a), it is defined as a minor means who has not completed the age of 18
years.
• According to Section 4(b), it is also defined that a guardian means a person who has completed
the age of 18 and he is taking proper care of a minor and his property and as well as his own.
• According to Section 4(c) of the Act, the natural guardian assigns to the father and mother of
the minor. For a minor wife, his husband is the guardian.
• Section 6 of the Act gives 3 types of natural guardian in the following:
1. Father – A father is the natural guardian of a boy or unmarried girl; the father is the
first guardian and the mother is the next guardian of the minor. It is given in the Act
that only up to 5 years the mother is the natural guardian of the child.
Essakkayal nadder Vs. Sreedharan Babu:
In this case, the mother of the minor died and the father was also not living with the
child, but the child was alive. the child was not declared to be a Hindu or renounced the
world and he was also not declared unfit. These facts do not authorize that any other
person adopts the child and be the natural guardian and transfer the property.
2. Mother – The mother is the first guardian of a minor illegitimate child, even if the
father is existing.
Jajabhai Vs. Pathakhan:
In this case, the mother and father got separated for some reason and the minor daughter
stayed under the guardianship of the mother. Here, it will be determined that the mother
is the natural guardian of the minor girl.
3. Husband– For a minor wife his husband is the natural guardian.
• Under Section 6, it is given that no person will be designated to perform like the natural
guardian of a minor under this portion, which is in the following:
1. If he/she ceased to be a Hindu.
2. If he/she has completely renounced the world that they are becoming an ascetic
(sayansi) or hermit (vanaprastha).
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In Section 6, the terms “Father” and “Mother” do not include the step-father and the step-
mother.

• As per Section 8, the powers of the natural guardian to impose on the child are as follows:

1. The natural guardian of a Hindu minor has the power to do all work, which are
compulsory and which are beneficial for the minor’s interest. Protection or benefits of
the minor’s condition.

2. The natural guardian should bring the prior permission from the Court, for the use of
the gift transferred to him, mortgage or any other valuable things of the minor.

3. For the lease of any part of minor’s property for about exceeding 5 years or for a term
of extending one year beyond the date on which the minor attains the majority. The
prior permission from the Court is very much needed for doing so.

4. Violation of any disposal of the immovable property by a natural guardian, it will be

5. No Court shall grant permission to the natural guardian to do any act which is not in
the interest of the minor.

6. The Guardians and Wards Act, 1890 shall apply to the application for getting the
permission of the Court if the application is for getting the permission of the Court
under Section 29 of that Act and in these grounds:

• The natural guardian requires permission from the District Court or under the Court
which empowered by the Guardians and Wards Act, 1890.

• Should submit the application to the Court within the local limits of whose jurisdiction,
portion of the property of minor is placed.

• An appeal would be declined, when the Court rejects the permission to the natural
guardian to do any acts of property transfer and this remedy is usually the result of this
Court decision.

• Under Section 9, of the Hindu Minority and Guardianship Act, 1956 testamentary guardian
only authorized by a will. It is compulsory for the testamentary guardian to receive the
guardianship adoption which may be expressed or implied. A testamentary guardian has the
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right to decline the appointment, but once he /she receives the guardianship then he/she cannot
decline to perform or resign without the permission of the Court.
• According to the Hindu Minority and Guardianship Act, 1956 testamentary power of
choosing a guardian has been provided on both, father and mother. If the father chooses a
testamentary guardian but the mother rejects him, then the chosen guardian of the father will
be inefficient and the mother will be the natural guardian thereafter. If the mother chooses a
testamentary guardian, her chosen guardian will become the testamentary guardian and
father’s appointment will be void. If the mother does not want to choose any guardian, then
father’s appointee will become the guardian. It appears that a Hindu father cannot choose a
guardian of his minor illegitimate children even when he is allowed to perform as their natural
guardian.
• The guardian who is appointed by the Courts, he/she will be known as a certified guardian.
• Under Section 13 of the Hindu Marriage and Guardianship Act, 1956, while the appointment
of any person as guardian is going on by a Court, the advantage of the minor shall be the
primary consideration.
• A minor, who is under the tender age may achieve some property which is given by
inheritance, gift etc. because of child underage, he/she cannot take proper care of the property.
• According to Section 11, De Facto guardian is not allowed to dispose or deal with the
property of the minor and it is given that the guardian does not have the rights to take any
debt.
• Smt. Beti Bai Vs. Jagdish Singh and Ors, in this case Aparbal Singh was the father of
plaintiff, who is no more. Aparbal Singh had 2 wives because, during his lifetime his first
wife died due to some problem, then his second wife came to his life who was the respondent.
And the child of the second wife also died due to some reason. At last, after the Aparbal Singh
died, the second wife captured all the property then the son of the first wife filed a complaint.
It was held that, according to Section 4, Section 6, Section 8, Section 11 of the Hindu Minority
and Guardianship Act, 1956, the answer was in the favour of the plaintiff and plaintiff enjoyed
the property. The Court also held that, as the respondent was also had a relation with that
person, therefore, she has the right to get one third of the property, when she will ask for the
partition before the competent authority.
• No provision is given under the Hindu Minority and Guardianship Act, 1956 for the
guardianship of a minor widow.
• In Paras Ram Vs. State, it was held that the father-in-law of a minor widow vigorously took
away the widow from her mother’s control and married her to an improper person without
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the widow’s consent. The Court held that the father-in-law guilty of displacing the girl without
her consent. The Allahabad High Court held that he was not guilty because he was lawfully a
guardian of the widow.