Introduction
This act is one of four Hindu Code Bills that were codified by the Nehru Administration in 1956. The other three Acts include theImportant definitions
* A minor is a person under the age of 18 * A guardian is the caretaker of a minor, his or her property, or both. Categories of guardians include: a natural guardian; a guardian chosen by the mother or father; a guardian appointed by the court; and a person who qualifies as a guardian according to theOverriding quality
Any former law that is inconsistent with this law is declared legally void. This law supersedes all other relevant laws.Application
This Act applies to all Hindus, meaning those who belong to the Hindu religion or any of its developmental forms. These include the Lingayat, Virashiva, and those who follow Brahmo, Prarthana or Arya Samaj. Those who practice the religions of Buddhism, Sikhism, and Jainism are also considered Hindus. Finally, those who are not Muslim, Christian, Parsi or Jewish are governed by this Act unless they can prove that prior to its passage, they were not governed by Hindu law. Both legitimate and illegitimate minors who have at least one parent that meets the stipulations outlined above fall under the jurisdiction of this Act.Natural guardians
The father is the primary guardian for a legitimate boy and unmarried girl and their property, while the mother is the secondary guardian. However, the mother is the ordinarily guardian for all children under the age of five. For illegitimate children, the mother is the primary guardian, while the father is the secondary guardian. A married minor girl’s husband becomes her guardian. For an adoptive son, the adoptive father is the primary guardian, then the adoptive mother. Each of these, if they chose, may appoint guardians of their child’s person or property. Should a parent cease being a Hindu or become a renouncer, hermit, or ascetic, that parent will lose his or her guardian rights.Abilities of natural guardians
Natural guardians can take actions that will benefit and protect the minor and his or her property. However, the guardian cannot sign a personal covenant for the minor. The guardian cannot sell, mortgage or give away any part of the minor’s immovable property, lease this property for more than five years, or lease the property for more than one year after the child becomes eighteen.Minors and property
A child cannot act as a guardian of property of minors. For a minor who possesses an undivided interest in joint family property that is already controlled by an adult in that family, a guardian shall not be appointed to manage that undivided interest.Welfare of minor
The welfare of the minor will be the primary consideration in the appointment of a guardian.Notes
http://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/women_studies/gender_studies/07._women_and_law/18._womens_right_to_guardianship_and_custody/et/8052_et_et_18.pdf {{DEFAULTSORT:Hindu Minority And Guardianship Act Indian family law Hindu law Nehru administration