Lawgist6Natural 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 step-father and a step-mother.
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- 1 Short title and extent
- 2 Act to be supplemental to Act 8 of 1890
- 3 Application of Act
- 4 Definitions
- 5 Over-riding effect of Act
- 6 Natural guardians of a Hindu minor
- 7 Natural guardianship of adopted son
- 8 Powers of natural guardian
- 9 Testamentary guardians and their powers
- 10 Incapacity of minor to act as guardian of property
- 11 De facto guardian not to deal with minor’s property
- 12 Guardian not to be appointed for minors undivided interest in joint family property
- 13 Welfare of minor to be paramount consideration
