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

1. Who is a minor under this law
   Anyone who is below 18 years of age.
2. Who is the natural guardian of a Hindu minor boy or unmarried girl?
   First the father, then the mother.
3. Who is the guardian of a child below 5 years?
   Usually the mother, for care and custody.
4. What if the child is born outside marriage (illegitimate)?
   Then the mother is the primary guardian.
5. Who is the guardian of a married Hindu minor girl?
   Her husband is considered the guardian.
6. 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.
7. Can a guardian sell the minor’s property?
   No. They need court permission for any sale, lease, or transfer.
8. Does this Act apply to Muslims or Christians?
   No. It applies only to Hindus, Buddhists, Jains, and Sikhs.
9. What does a guardian have to take care of?
   The child’s health, education, maintenance, and property.
10. Can a minor own property?
    Yes, but it is managed by their guardian until they turn 18.
11. Who appoints a guardian if both parents die?
    A court can appoint a guardian based on what’s best for the child.
12. Can grandparents be guardians?
    Yes, if appointed by the court, or if they are the next responsible family members.
13. Is a stepfather a natural guardian?
    No, not unless he adopts the child or is appointed by the court.
14. Can a minor choose their guardian?
    Sometimes, courts may consider the child’s preference if they are mature enough.
15. Can a guardian be removed?
    Yes, if they are abusing their power or not acting in the child’s best interest.
16. What is a de facto guardian?
    Someone who acts like a guardian but is not legally appointed.
17. Does the mother lose rights after remarriage?
    No, unless the court thinks it is not in the child’s best interest.
18. Can a guardian change the minor’s religion?
    No, not without court approval or a strong reason.
19. Can two people be guardians at the same time?
    Yes, but usually only one acts as the legal guardian unless stated otherwise.
20. Does the law talk about adopted children?
    Yes. Adopted minors are also protected under this Act.