An Act to amend and codify certain parts of the law relating to minority and guardianship among Hindus. The provisions of this Act shall be in addition to, and not, save as hereinafter expressly provided, in derogation of, the Guardians and Wards Act, 8 of Pondicherry:In section 3, after sub-section 2 , insert the following:—. If a person donates property to a minor and appoints a guardian to look after the property he would not be a guardian within the meaning of the Act; Rajalakshmi v. Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section—.
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An Act to amend and codify certain parts of the law relating to minority and guardianship among Hindus. The provisions of this Act shall be in addition to, and not, save as hereinafter expressly provided, in derogation of, the Guardians and Wards Act, 8 of Pondicherry:In section 3, after sub-section 2 , insert the following:—.
If a person donates property to a minor and appoints a guardian to look after the property he would not be a guardian within the meaning of the Act; Rajalakshmi v. Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section—.
The controlling consideration governing the custody of the children is the welfare of the children and not the right of the parents; Rosy Jacob v. Father is the natural guardian of a minor. In the absence of father, mother is the natural guardian. The mother of the minor children was dead, but the father was not residing with the children, who were being looked after by the aunty.
It was held that though father was not residing with his children, he is still alive, has not ceased to be a Hindu or renounced the world and has not been declared unfit. If the father is wholly indifferent to the matters of the minor or if by virtue of mutual understanding between the parents, the mother is put exclusively in charge of the minor or if the father is physically unable to take care of minor for any reason whatsoever, the father can be considered to be absent and mother being a recognised natural guardian can act validly on behalf of the minor as the guardian.
The natural guardianship of an adopted son who is a minor passes, on adoption, to the adoptive father and after him to the adoptive mother. West Bengal: For the purposes of West Bengal Agricultural Credit Operations Act, 34 of any reference to court in section 8 of the Hindu Minority and Guardianship Act, , shall be construed as reference to the collector and the appeal against the order of the collector shall lie to the Commissioner.
Meti v. Maroti L. Jahgirdar v. Chetana K. Interest is ever fluctuating depending upon exit and entry in the family by natural process or otherwise. It is only upon a partition that a definite share can be culled out. Undivided interest of a minor is left untouched. Cherukutty, AIR Ker If in plaint the prayer for setting aside the sale deeds was not there and such a prayer has been introduced after period of limitation which is three years from the date when minor attains majority, has elapsed, the claim for recovery of possession of property is not maintainable; Vishwambhar v.
Held that the minor can challenge only after attaining majority and not during his minority; Naryan Laxman Gilankar v. But where the father dies leaving behind only his minor daughter and mother as natural guardian, the shares of the daughters become definite and the question of family property retaining the character of Joint Hindu Family property does not exist and section 8 3 is attracted and sale transactions done by mother without the previous permission of court becomes voidable at the option of minor.
Held that the mother had no authority to alienate the shares of minor daughters; Mangala v. Jayabai, AIR Kant Held that as the minor had definite share in the property, the mother had no authority without the previous permision of the court to sell the separate property of minor; Dhansekaran v. Manoranjthammal, AIR Mad Such alienation would be void ab initio; Sundaramurthy v. Shanmuganadar, AIR Mad This power does not extend to a donor of property; Rajalakshmi v. Balasubramanian, AIR Mad A minor shall be incompetent to act as guardian of the property of any minor.
There is no conflict between this provision and section 21 of the Guardian and Wards Act as the latter relates to guardianship of the person, whereas this provision is concerned with the guardianship in respect of property and, therefore, both provisions can co-exist; Budhi Jainar 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. 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. If a distinction is made between the categories the object of section 11 of preventing the de facto guardian from dealing with the property of a minor would be frustrated.
The de facto guardian would be at liberty to deal with the undivided interest of the minor in the Joint Hindu Family property; Dhanasekaran v. 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 the welfare of the minor shall be the paramount consideration.
Sitabai, AIR Bom 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 of the minor; Munnodiyil Peravakutty v.
Held that though the father was not found unfit as a guardian of his minor children keeping them in the custody of maternal grandmother subject to certain conditions; Baby Sarojam v. Money alone is not sufficient to record finding regarding the welfare of the child. In case mother of minor is in the habit of attending night clubs and coming late at home during which period the minor has to be left in some care house, there is likelihood of his coming into contact with undesirable elements due to the negligence of mother.
Therefore in the interest of child it will be proper that he is not left with his mother; Amit Beri v. It was held that as the father is the natural guardian and was employed as a Lecturer a noble profession, the welfare of the minor is with his father and mother and not other relatives; Ankur Tripathi v. Though the natural guardians are enumerated in section 6 the right is not absolute and the court has to give paramount considertion to the welfare of the minor; Mohini v.
I seek you guidance and help please.. Edwards] South Africa. IF mother decides to marry again and leave the country and take the daughter with her. Please clarify. My father wrote a will and died last year. In that he mentioned my daughter manju is a legal heir and owner of the property but she is not have rights to sell it during my lifetime.
And the person who she wrote in the will have rights to sell the property. Sir, property owned by a minor is sold out by his natural gurgian when the minor was 15 years.
Can this person challenge the sale deed at this moment. Is there any limitation bar for challenging the deeds done during his minor age? I both father and mother are died of a minor children can we open an bank account with his grand mother as a mother and guardian. Working as Teacher Govt. I married one lady in A boy was born in Divorced in But she died in I married another lady in according to Hindu customs and rites.
Got a male child in And female child in She converted into christian religion in Took Baptism — I have got her baptism certificate. She committed for criminal towards me and my father. She also beaten young aged children where medical treatment was given presecriptions available.
She left my society on The boy was staying with me. 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. At the time they were studying in private under my custody. I called her to come back. But she did not heed. I used to send articles, dress to children. I filed O. Ex-parte decree passed in favor me. And the M. I am paying the children school fee upon the request Through phone call of the school management as the mother not paying.
The male child is in 10th year studying 4th class. The female child is in 8th year studying 2nd class.
The children told me that they continue with their mother as they are residing with her. My wife also wrote me a letter stating that she is working as tailor at her place She joined children in a corporate school. She is residing in her parental house though I called her to come back. She is getting trouble to pay children school fee which are heavy. And she also wrote me if I pay school fee she can withdraw the M.
I have already the same and also continuing. And now the question is: 1. I am very much interested in children. Shall I proceed for the custody of the children. I am able to get them? Kindly give me suitable suggestion. My sister got cancer in and her husband leaved her in the same year.
She was died in , before she written a registered WILL to all her properties and bank benefits to her minor son with guardian as my father maternal grandfather of minor son. The minor child is in the custody of my father Rtd Govt employee. The bank asks my father take Guardian certificate from court to give pension and exgratia. The child is not willing to his father.
For appeal to the court it is favour to us or no please carify i am grateful to you sir.
All you need to know about Hindu Minority and Guardianship Act,1956
Three other important acts were also created during this time and they include the Hindu Marriage Act , the Hindu Succession Act , and the Hindu Adoptions and Maintenance Act All of these acts were put forth under the leadership of Jawaharlal Nehru , and were meant to modernize the then current Hindu legal tradition. The Hindu Minority and Guardianship Act of was meant to enhance the Guardians and Wards Act of , not serve as its replacement. This act specifically serves to define guardianship relationships between adults and minors, as well as between people of all ages and their respective property. The Hindu Minority and Guardianship Act delineates the policies regarding minors according to Indian Hindu personal law. This Act is intended to be an addendum to the Guardians and Wards Act of , not its replacement. Any former law that is inconsistent with this law is declared legally void.
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It also provides that the guardian of a married minor girl is her husband. Sex discrimination in marital status laws renders women and girls subordinate in many aspects of family relations before, during and after marriage. Laws that give preferential right of custody or guardianship over children to the father over the mother discriminate against women and are based on a sex stereotype that views men as superior to women. Section 6. Note: Article 14 of the Constitution of India: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.