In Hindu law, the concept of natural guardianship is primarily governed by the Hindu Minority and Guardianship Act (HMGA), 1956, which supplements the Guardians and Wards Act, 1890.
1. Natural Guardians and Order of Priority
According to Section 6 of the HMGA, the natural guardians of a Hindu minor (for both the minor's person and property) are:
A. For a Legitimate Boy or Unmarried Girl
The Father: He is the primary natural guardian.
The Mother: She is the guardian after the father.
Note: The Supreme Court in Githa Hariharan v. Reserve Bank of India (1999) ruled that "after" means "in the absence of." If the father is indifferent, physically away, or incapable, the mother acts as the natural guardian even during his lifetime.
Custody Rule: The custody of a minor who has not completed the age of five years shall ordinarily be with the mother.
B. For an Illegitimate Boy or Unmarried Girl
The Mother: She is the primary guardian.
The Father: He follows the mother.
C. For a Married Girl
The Husband: Upon marriage, guardianship shifts to the husband.
D. For an Adopted Child
The Adoptive Father: Followed by the Adoptive Mother.
2. Powers of a Natural Guardian
Section 8 of the HMGA defines the extent of a natural guardian's authority. Their powers are divided into general management and specific restrictions regarding property.
A. General Powers
The guardian can perform all acts that are necessary, reasonable, and proper for:
The benefit of the minor.
The realization, protection, or benefit of the minor's estate.
B. Restrictions on Property (Legal Necessity)
A natural guardian cannot, without the previous permission of the court:
Mortgage, charge, sell, gift, or exchange any part of the minor's immovable property.
Lease any part of the property for a term exceeding five years or for a term extending more than one year beyond the date the minor attains majority.
Legal Consequence: Any disposal of property in violation of these rules is voidable at the instance of the minor (Section 8(3)).
3. Disqualifications
A person ceases to be a natural guardian if:
They cease to be a Hindu (Conversion).
They completely renounce the world (becoming a Sanyasi or hermit).
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