The Hindu Minority and Guardianship Act, at Indian Bare Acts at Vakilno1. com, a website for Indian Laws and bareacts, legal advice and. Natural guardians of a Hindu minor.—The natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property. to amend the Hindu Minority and Guardianship Act, BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as.

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This Act applies to all Hindus, meaning those who belong to the Hindu religion or any of its developmental forms.

Hindu Minority and Guardianship Act

I married another lady in according to Hindu customs and rites. Held that the mother had no authority to alienate the shares of minor guaridanship Mangala v. My father wrote a will and died last year. This page was last edited on 4 Novemberat This Act extends to all of India with the exception of the state of Jammu and Kashmir.

In the absence of father, mother is the natural guardian. Can we go ahead? After 3 months she came to me along with the female child and stayed for 20 days and went away along with the two children on dt. She also beaten young aged children where medical treatment was given presecriptions available.

Retrieved 8 December The controlling consideration governing the custody of the children is the welfare of the children and hinxu the guarduanship of the parents; Rosy Jacob v.

Can this person challenge the sale deed at this moment. Views Read Edit View history. Any former law that is inconsistent with this law is declared legally void. Archived copy as title link. Archived from the original on 10 April Held that the father being a Sergeant in the Indian Army who had a record of disciplined life with a regular income, was willing to get posted to Kozhikode for the education of the minor and the parents of the father were affluent enough to look after the minor unlike the parents of the mother who was dead were old, had no proper source of income and also had a mentally retarded son to look after, was in a better position to look after the welfare guuardianship the minor; Munnodiyil Peravakutty v.


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. This act specifically serves to define guardianship relationships between adults and minors, as well as between people of all ages and their respective property.

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.

ILR Gaurdianship Held that the minor can challenge only after attaining majority and not during his minority; Naryan Laxman Gilankar v.

The boy was staying with me. Should a parent cease being a Hindu or become a renouncer, hermit, or ascetic, that parent will lose his or her guardian rights.

Hindu Minority and Guardianship Act – Wikipedia

My father and my two aunties sold the property. For hinvu to the court it is favour to us or no please carify i am grateful to you sir with regards Siva Prasad. Three other important acts were also created during this time and they include the Hindu Marriage Actthe Hindu Succession Actand the Hindu Adoptions and Maintenance Act But she died in Log in to leave a comment.

A child cannot act as a guardian of property of minors. Distribution of property after death, if there is no Ninority.

Though the natural guardians are enumerated in section 6 the right is not absolute and the court guardianshkp to give paramount guarrdianship to the welfare of the minor; Mohini v. Ex-parte decree passed in favor me. The minor child is in the custody of my father Rtd Govt employee. Sir, I am 22 years old. Therefore in the interest of child it will be proper that he is not left with his mother; Amit Beri v. After the commencement of this Act, no person shall be entitled to dispose of, or deal with, the property of a Hindu minor merely on the ground of his or her being the de facto guardian of the minor.


This article needs additional citations for verification. And the person who she wrote in the will have rights to sell the property. Jayabai, AIR Kant Held that the aunty of the plaintiff had no authority to sell the property and the alienation done was invalid and not binding on the minors, i.

A minor shall be incompetent to act as guardian of the property of any minor. Such alienation would be void ab initio; Sundaramurthy v. Learn how your comment data is processed. Both legitimate and illegitimate minors who have at least one parent that meets the stipulations outlined above fall under the jurisdiction of this Act.

Can minors guardian mother mortgage minors property for her benifit. The bank asks my father take Guardian certificate from court to give pension and exgratia. Cherukutty, AIR Ker Working as Teacher Govt. I am paying the children school fee upon the request Through phone call of the school management as the mother not paying. I am very much interested in children. I married one lady in May Learn how and when to remove this template message.