Summary of Hindu Minority and Guardianship Act 1956

Summary of Hindu Minority and Guardianship Act 1956

Introduction

The Hindu Minority and Guardianship act of 1956, the motive behind the creation of this act is to amend and compile certain parts of the law regarding minority and guardianship among Hindus. This act extends to the whole of India (including Jammu and Kashmir). The modern laws on minority and guardianship are regulated by Hindu Minority and Guardianship act 1956. According to this act father is the natural guardian of a child and after the father’s death mother becomes the natural guardian of a child.

Definition of Minor and Guardian

Minor, is defined as the person who have not completed the age of 18 years of age is considered as minor, this definition is given according to Section 4(a).

Guardian, is defined as the person who has completed the age of 18 and he is taking proper care of minor and his property and taking care of his own as well, this definition is given according Section 4(b).

Application of the Hindu Minority and Guardianship act, 1956 

The Hindu Minority and Guardianship act applied to all the person who belongs to Hinduism including ‘Vira Shaiva’ ‘Lingayat’ or the follower of Arya Samaj, Brahmo Prarthana, this act also applies on the person who are the followers of the religion Buddhism, Jainism, or Sikhism, the people who are Muslim, Christian, Parsi or Jew or whoever follows this religion they are not governed by the Hindu law or the custom. Under the Hindu Minority and Guardianship act 1956 Hindus, Buddhist, Jain, Sikh. The following people are considered as the follower of this religion: –

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  1. Any legitimate child whose parents are both Hindu, Buddhist, Jain, or Sikh by religion.
  2. Any legitimate child whose one of the parent is the part of Hinduism, Buddhism, Jainism, or Sikhism or brought up as the member of the tribe, community, group or family.
  3. Any person who converted himself/herself to Hindu, Buddhist, Jain or Sikh.

 

  • Section 5 tells us about the overriding effect of the Hindu Minority and Guardianship act. Any text, rule or any interpretation of Hindu law or any practice which is the part of law before the commencement of this act shall not have any effect any matter for which the provision is made in this act.

Types of Guardian

There are three types of guardian

  1. Natural Guardian
  2. Testamentary Guardian
  3. A Guardian appointed by court

Natural Guardian

According to Section 4(c) father and mother are assigned as a natural guardian of a minor child, in case the wife is minor her husband is considered as a guardian.

According to Section 6 of this act gives us 3 different types of Guardian

  1. Father, father is considered as the first guardian, father is the guardian of the boy or the unmarried girl .
  2. Mother, mother is the next natural guardian after father. The mother is the first child of the illegitimate child even if the father is existing, it is given in this act that up to 5 years the mother is the natural guardian of the child.
  3. Husband, for the minor wife her husband is considered as a natural guardian.

Powers of Natural Guardian

The powers of a natural guardian that has been imposed in child are given under section 8 of this ac and that are as follows: –

  1. The Natural Guardian of a Hindu minor has all powers to do all work which are compulsory and beneficial for the minors interest, protection, or benefits of the minors condition.
  2. Their should be a prior permission from court by the natural guardian to transfer gifts or any valuable items to their child or of the minor.
  3. Their will be No permission granted by the court to the natural guardian which is not the interest of the child or minor or any person claiming on behalf of him.
  4. For the leas of the minors property exceeding for 5 years or extending one year beyond the date on which minor attains majority. If they had to do give the land on leas for this the natural guardian should take permission from the court.
  5. Any violation or disposal of any immovable property of minor by the natural guardian will be called as voidable, at the case of minor any other person claiming in the behalf of the minor.
  6. Section 29 of The Guardian and Ward Act, 1890 will apply on the permission which is granted by the court. These are the following grounds for getting the permission of court: –
  • Under The Guardian and Ward Act, 1890 the natural guardian have to take District Court permission.
  • The natural guardian should submit the application to the court within the local limits of those whose jurisdiction portion of the minor’s property is placed.
  • The appeal would be declined when the court rejects the permission to the natural guardian to perform any of the property transfer and this remedy usually result in the court decision.
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Guardian Appointed by The Court: –

In the ancient days where ‘Smritis’ resides at that time the overall jurisdiction of the children were sanctioned to the King, whereas the king has the power to choose the closest person to appoint the minor child as his/her  guardian. These types of la was formulated by the ancient lawmakers. Nowadays these types of power was appointed to the courts, under the guardian and wards act 1890. The guardian appointed by the court will be known as the certified guardian. While the appointment of the guardian by the court the advantage of the minor is the primary consideration and this was given under the section 13 of Hindu Marriage and Guardianship Act, 1956.

That is the reason why both in ancient and modern times the King or the has given the responsibilities to appoint a guardian for the safety of the minor or for the defense of the minor.

Conclusion

As we have seen earlier the summary of the Hindu Minority and The Guardianship Act, 1956, into our conclusion I just want to say that Adoption of any child by any of the Guardian, the Guardian is creating the relationship between his/her and the minor child. This relationship creates the subject matter of the responsibilities towards the minor child its personal laws. It becomes mandatory for the guardian to protect the minors property. A Special thanks would be given to the lawmakers who makes this kind of law for the minor, for the girls and for the widows, so that nobody can steal the minor’s property.

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Therefore, guardian is very necessary for the minor to protect physically and mentally to secure them from any danger.

Author: Nishika Bharadwaj,
Symibosis Law School, Nagpur

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