Hindu Guardianship Law: Full Guide

The Hindu Minority and Guardianship Act, 1956 defines who can be the guardian of a Hindu minor (below 18 years) and what responsibilities and powers the guardian holds. It ensures that guardians act in the best interest of the child — for their welfare, education, and protection of property.

‍‍Key Highlights

• Applies to Hindus, Buddhists, Jains, and Sikhs.
• Father is the natural guardian first; mother is next.
• For children under 5 years, the mother gets custody for care and comfort.
• For illegitimate children, the mother is the primary guardian.
• A married minor girl's husband is considered her guardian.
• Guardians must protect the child's health, education, and property.
• Court approval is required before selling, leasing, or transferring a minor's property.
• If both parents die, the court appoints a guardian for the child's best interest.

How to Apply for Guardianship in Court (Step-by-Step)

When both parents are deceased, absent, or unfit, anyone genuinely interested in the child's welfare (like grandparents or relatives) can apply to be appointed as a legal guardian.

Step-by-Step Process

• File a Guardianship Petition
  File it under the Guardians and Wards Act, 1890 read with the Hindu Minority and Guardianship Act, 1956.
  Submit the petition at the District Court or Family Court where the child lives.
• Attach Supporting Documents
  You must include:
  • Child's birth certificate (proof of age)
  • Death certificates (if parents are deceased)
  • Address proof of child and applicant
  • Relationship proof (like family tree or affidavit)
  • Details of property (if minor owns any)
  • Character certificates or references (optional but helpful)
• Pay the Court Fee
  A small fee (usually ₹100–₹500), depending on state court rules.
• Court Issues Notice
  The court notifies:
  • Surviving relatives (if any)
  • Child welfare authorities (if applicable)
• Hearing & Verification
  The court:
  • Examines your financial condition, background, and relationship with the child.
  • May talk to the child if mature enough to express a preference.
  • Ensures your intention is genuinely for the child's welfare.
• Court Decision
  If satisfied, the judge issues a Guardianship Certificate, granting legal authority to care for the child and manage their property (with conditions).
• Court Supervision
  Guardians may have to:
  • Submit annual reports about the child's welfare or property.
  • Take court permission for property-related actions (sale, lease, transfer).

Example Situations

• Grandmother applies for guardianship after both parents die in an accident.
• Mother applies when the father abandons the family.
• Uncle applies to manage the child's property left behind by the parents.

Where to Apply – State-wise

Important Note

• Guardians cannot misuse the child's money or property for personal benefit.
• Court may remove or replace the guardian if found negligent or abusive.
• Welfare of the child is the highest priority, above all family claims.

Hindu Minority and Guardianship Act, 1956 – FAQs

1. Who is considered a minor under this law?

Anyone below 18 years of age.

2. Who is the natural guardian of a Hindu minor boy or unmarried girl?

The father first, then the mother.

3. Who gets custody of a child below 5 years?

Usually, the mother provides better emotional and physical care.

4. Who is the guardian of an illegitimate (non-marital) child?

The mother is the primary and natural 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, if the father is absent, unfit, or neglecting the child's welfare.

7. Can a guardian sell or transfer the minor's property?

Not without court permission.

8. Does this law apply to non-Hindus?

No. It applies only to Hindus, Buddhists, Jains, and Sikhs.

9. What are a guardian's main duties?

To look after the child's health, education, maintenance, and property.

10. Can a minor own property?

Yes, but it's managed by their guardian until they turn 18.

11. Who becomes guardian if both parents die?

The court appoints a guardian considering the child's welfare.

12. Can grandparents be guardians?

Yes, if appointed by court or recognised as next of kin.

13. Is a stepfather a natural guardian?

No, unless he legally adopts the child or is appointed by court.

14. Can a minor choose their guardian?

Courts may consider the child's preference if they are mature enough.

15. Can a guardian be removed?

Yes, if found abusing power or not acting in the child's best interest.

16. What is a de facto guardian?

Someone who acts like a guardian without legal authority — but has no legal rights to property decisions.

17. Does a mother lose guardianship if she remarries?

No, unless the court believes it harms the child's welfare.

18. Can a guardian change the child's religion?

No, not without court approval.

19. Can two people be guardians at once?

Yes, but typically only one is the legal guardian in official matters.

20. Are adopted minors covered under this law?

Yes, adopted Hindu children are also protected.