Hindu Guardianship Law: Custody, Parental Rights & Minor's Property Rules

This law explains who can be the guardian of a Hindu minor (a person below 18 years of age) and what powers they have.

👨‍👩‍👧‍👦 Key Points:

• The natural guardian of a Hindu minor boy or unmarried girl is
  • Father first
  • Then the mother
• For a child under 5 years, custody is usually given to the mother.
• For illegitimate children, the mother is the first guardian.
• A married minor girl’s husband is considered her guardian.
• Guardians must take care of the minor’s health, education, and property but cannot sell or transfer property without court permission.
• Applies to Hindus, Buddhists, Jains, and Sikhs.
• This Act protects the rights of minor children and ensures their guardians act in their best interest.

Hindu Minority and Guardianship Act, 1956 – FAQs

• Who is a minor under this law?
  Anyone who is below 18 years of age.
• Who is the natural guardian of a Hindu minor boy or unmarried girl?
  First the father, then the mother.
• Who is the guardian of a child below 5 years?
  Usually the mother, for care and custody.
• What if the child is born outside marriage (illegitimate)?
  Then the mother is the primary guardian.
• Who is the guardian of a married Hindu minor girl?
  Her husband is considered the guardian.
• Can a mother be the guardian if the father is alive?
  Yes, especially if the father is unfit, absent, or not acting in the child’s interest.
• Can a guardian sell the minor’s property?
  No. They need court permission for any sale, lease, or transfer.
• Does this Act apply to Muslims or Christians?
  No. It applies only to Hindus, Buddhists, Jains, and Sikhs.
• What does a guardian have to take care of?
  The child’s health, education, maintenance, and property.
• Can a minor own property?
  Yes, but it is managed by their guardian until they turn 18.
• Who appoints a guardian if both parents die?
  A court can appoint a guardian based on what’s best for the child.
• Can grandparents be guardians?
  Yes, if appointed by the court, or if they are the next responsible family members.
• Is a stepfather a natural guardian?
  No, not unless he adopts the child or is appointed by the court.
• Can a minor choose their guardian?
  Sometimes, courts may consider the child’s preference, if they are mature enough.
• Can a guardian be removed?
  Yes, if they are abusing their power or not acting in the child’s best interest.
• What is a de facto guardian?
  Someone who acts like a guardian but is not legally appointed.
• Does the mother lose rights after remarriage?
  No, unless the court thinks it is not in the child’s best interest.
• Can a guardian change the minor’s religion?
  No, not without court approval or a strong reason.
• Can two people be guardians at the same time?
  Yes, but usually only one acts as the legal guardian unless stated otherwise.
• Does the law talk about adopted children?
  Yes. Adopted minors are also protected under this Act.