S 6 of Hindu Minority and Guardianship Act:- Natural guardians of a Hindu minor.—The 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:
Provided that the custody of a minor who has not completed the age of 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).
Explanation.—In this section, the expressions “father” and “mother” do not include a stepfather and a stepmother.
8. Powers of natural guardian.—(1) The natural guardian of a Hindu minor has 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 sub-section (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 sub-section (2) except in case of necessity or for an evident advantage to the minor.
(5) The Guardians and Wards Act, 1890, shall apply to and in respect of an application for obtaining the permission of the court under sub-section (2) in all respects as if it were an application for obtaining the permission of the court under Section 29 of that Act, and in particular—
(a) proceedings in connection with the application shall be deemed to be proceedings under that Act within the meaning of Section 4-A thereof;
(b) the court shall observe the procedure and have the power specified in sub-sections (2), (3) and (4) of Section 31 of that Act; and
(c) an appeal shall lie from an order of the court refusing permission to the natural guardian to do any of the acts mentioned in sub-section (2) of this section to the court to which appeals ordinarily lie from the decisions of that court.
(6) In this section “court” means the city civil court or a district court or a court empowered under Section 4-A of the Guardians and Wards Act, 1890, within the local limits of whose jurisdiction the immovable property in respect of which the application is made is situate, and where the immovable property is situate within the jurisdiction of more than one such court, means the court within the local limits of whose jurisdiction any portion of the property is situate.
12. Guardian not to be appointed for minor's 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.
Detail Discussion
Under Hindu law, a natural guardian of a Hindu minor, whether a boy or a girl, is vested with certain powers and responsibilities for the protection and well-being of the minor. The Hindu Minority and Guardianship Act, 1956, codifies the law relating to the guardianship of Hindu minors. Here are the powers and limitations of a natural guardian of a Hindu minor as per the provisions of Hindu law:
Powers of a Natural Guardian:
1) Guardianship of Person: The natural guardian has the authority to make decisions regarding the personal care, upbringing, and education of the minor.
2) Guardianship of Property: The natural guardian can manage and protect the minor's property. This includes the power to sell or mortgage the minor's property for their benefit, but with certain restrictions and conditions.
3)Right to Maintain and Educate: The natural guardian is responsible for the maintenance, welfare, and education of the minor. They can use the minor's property for these purposes.
4) Religious and Moral Education: The natural guardian can decide on the religious and moral education of the minor.
Limitations on Powers of a Natural Guardian:
1) Sale of Immovable Property: While the natural guardian has the power to sell the minor's immovable property, they can only do so with the permission of the court. The sale should be in the best interests of the minor.
2) Mortgage or lease of Immovable Property: The natural guardian can mortgage of lease the minor's immovable property only with the permission of the court, and it should be for the benefit of the minor.
3) Other Legal Restrictions: The powers of the natural guardian may also be limited by specific laws or court orders. For example, if the natural guardian is acting against the minor's best interests or mismanaging their property, the court can intervene and restrict their powers.
4) Marriage of a Minor: The natural guardian can not give consent for marriage of minor as per the Prohibition of Child Marriage Act, 2006.
5) Court Intervention: Courts have the authority to intervene in matters related to the guardianship of a minor if it is in the minor's best interests. They can issue orders and directions to ensure the welfare of the minor.
It's important to note that the primary consideration in all matters related to the guardianship of a Hindu minor is the welfare and best interests of the minor. The natural guardian's powers are intended to protect and provide for the minor, and any exercise of those powers should be in accordance with this principle. If there are disputes or concerns about the guardianship of a Hindu minor, legal advice and court intervention may be necessary to ensure the minor's welfare is upheld.
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