HINDU MINORITY AND

GUARDIANSHIP ACT 1956

By
SALINI.C
INTRODUCTION
Object of this act is to define guardianship
relationships between adults and minors, as well as
between people of all ages and their respective
property.
Main object is to protect the interest of minor and
minor’s welfare of property.
PRELIMINARY
Section 1 - 5
Definitions u/s 4:
‘Minor’ - A minor is a person under the age of 18(if
guardian appointed by court the age of completion is
21)
‘Guardian’ - A guardian is the caretaker of a minor,
his or her property, or both.
‘Natural guardian’ – any guardian mention under
Sec 6 of this act
TYPES OF GUARDIANS
1. Natural guardian;
2. Guardian chosen by the will of Minor’s mother or
father; (Testamentary guardian)
3. Guardian appointed or declared by the court(De
jure);
4. Person who qualifies as a guardian according to
the Court of Wards.(De facto)
(Guardian and wards Act 1890 abolish, De facto
guarding and deals with testamentary guardian and
Natural guardian.)
THE POSITION BEFORE THE ENACTMENT OF
THIS ACT (UNCODIFIED LAW)
Majority : - In Bengal : Attainment of 15 years
- Other states: Attainment of 16 years
- Indian majority Act : Attainment of 18 years
- Guardian appointed by court : For minor and
Minor’s property the age of attainment is 21 years.
NATURAL GUARDIAN(Sec 6 - 8)
Natural guardian of a Hindu minor (Sec 6)
Guardian for minor and minor’s property(other than
undivided interest of joint family property)
Sec 6(a) Boy or unmarried girl : Father after him, the
mother but minor, who is below 5 years Shall ordinarily
be with the mother.
Sec 6(b) illegitimate boy or illegitimate unmarried girl :
Mother after her, the father.
Sec 6(c) Married girl : husband
Continue
Person’s not entitle to be a Natural guardian for
minor:
1. Who is not a Hindu
2. Who has completely renounce the world
(vanaprastha, yati or sanyasi)
3. Set Father or Step Mother.
• Section 7: Natural guardian of Adopted Son
Adopted Minor son: Adoptive father after him,
Adoptive mother
POWERS OF NATURAL GUARDIAN
Subject to the provision of this act
Sec 8(1)
To do all Acts which are necessary or reasonable and
proper for the benefit of the minor
for the realisation, protection or benefit of the minor’s
Estate
(Guardian Can not bind the minor by a personal
covenant)
Continue
Sec 8(2): Natural guardian Shall not do Anything
before getting permission from court in following
matters
Mortgage or charge, transfer by sale, gift, exchange of
any part of the immovable property of minor.
Lease any part of the property for a term extending for 5
years or 1 year beyond the date, when the minor will
attain majority.
Continue
Sec 8(3): Any disposal of immovable property by
natural guardian in contravention of sub sec (1)and (2)
is voidable, if the minor or any person claiming under
him.
Sec 8(4): Court Shall not grant permission under sub
sec (2) except it is necessary for an evident advantage
to the minor.
Sec 8(5): Application to obtaining prior permission of
the court under sub sec(2)Shall be entertained under
Sec 29 of Guardians and wards act,1890.
Cont...
Sec 8(6): ‘Court’ means City civil Court or District
Court or Court empowered under Sec 4 A of Guardians
and wards Act 1890

Note: Welfare of the minor and benefit of the minor is

necessary under this Act.
TESTAMENTARY GUARDIAN
(Sec 9)
Sec 9(1) :
- For legitimate minor children - Father of the children
may appointed a guardian by will for minor and Minor’s
property other then undivided share of joint family
property.
Sec 9(2)
- If mother of the child is alive(father predeceases the
mother), the appointment made by father by will shall
have no effect but if the mother dies without any
appointment of guardian; it will automatically give effect
of the father’s will(Testamentary guardian).
Cont...
Sec 9(3):
Hindu widow can act as a natural guardian of
legitimate minor child and,
Hindu Mother Can act as natural guardian of
legitimate minor child if the father has become
disentitled to act such as a natural guardian
May entitled to appoint a guardian by will for minor
person and minor’s property.
Con....
• Sec 9(4): Hindu Mother Can act as natural guardian of
illegitimate minor child may entitled to appoint a
guardian by will for minor person or minor’s property or
both.
Sec 9(5): Guardian appointed by will has right to act as
Minor’s guardian after the death of Minor’s father or
mother to exercise all the rights of natural guardian
which is specified in the Act and will(includes
restrictions).
Sec 9(6): Rights of the Guardian appointed by will for a
minor girl, exist at the time of marriage of minor girl.
INCAPACITY OF MINOR TO ACT AS
GUARDIAN OF PROPERTY
Sec 10: Minor cannot be a guardian for minor’s
property
Sec 11: No person shall be entitled to dispose of or deal
with minor’s property on the ground of De facto
guardian.
 Rajasekar v. Siddalingappa
 In this case Court held that De facto guardian is not defined in

Hindu minority and Guardianship Act,1956 and not in

Guardian and Wards Act,1890. De facto guardian is not a
natural guardian they may be appointed by court or
testamentary guardian.
MINOR’S UNDIVIDED INTEREST IN JOINT
FAMILY PROPERTY
Sec 12 : No guardian shall be appointed for the minor
who has undivided interest in joint family property
because property is under the management of
adult(male and female) family members.
High court has power to appoint a guardian in respect
of such interest of minor.
 Dhanasekaran v. Mandanjithammal
 ‘Management’ in sec12 is not a management of karta it

includes the managements also.

WELFARE OF MINOR TO BE PARAMOUNT
CONSIDERATION
Sec 13 (1): Appointment and declaration of guardian
for a minor by court, the welfare of the minor shall be
the paramount consideration.
Sec 13(2): no person shall be entitled to guardianship
in virtue of any law relating to guardianship in
marriage among Hindus, if the court is opinion that
guardianship will not be welfare of the minor(Pushpa
Devi v. Kishanlal)
Ad Hoc
When Guardian
a person act as guardian of the minor for certain
purpose is called as ad hoc guardian. Act does not says
about ad hoc guardian and any alienation of minor’s
property by him would be void.
Sri aurobindo society pondicherry v. Ramadosa Naidu
In this case Madras high court held that Ad hoc guardian are
neither de jure nor de facto guardian.ad hoc guardians acts are
null and void and cannot bind the minor.