The Hindu Minority and Guardianship Act, at Indian Bare Acts at Vakilno1. com, a website for Indian Laws and bareacts, legal advice and. Natural guardians of a Hindu minor.—The natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property. to amend the Hindu Minority and Guardianship Act, BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as.

Author: Tuzil Tygojin
Country: Solomon Islands
Language: English (Spanish)
Genre: Personal Growth
Published (Last): 27 July 2016
Pages: 410
PDF File Size: 12.71 Mb
ePub File Size: 13.2 Mb
ISBN: 355-9-33250-224-1
Downloads: 74267
Price: Free* [*Free Regsitration Required]
Uploader: Goltigal

The Hindu Minority and Guardianship Act,

If a distinction is made between the categories the hindh of section 11 of preventing the de facto guardian from dealing with the property of a minor would be frustrated. Please help improve this article by adding citations to reliable sources.

My grandmother and my mother passed away. Three other guaardianship acts were also created during this time and they include the Hindu Marriage Actthe Hindu Succession Actand the Hindu Adoptions and Maintenance Act Undivided interest of a minor is left untouched.

Held that the aunty of the plaintiff had no authority to sell the property and the alienation done was invalid and not binding on the minors, i. I used to send articles, dress to children. Provided that nothing in this section shall be deemed to affect the jurisdiction of a High Court the welfare of the minor shall guardianzhip the paramount consideration. A minor shall be incompetent to act as guardian of the property of any minor.

ILR Cut In section 3, after sub-section 2insert the following: This law supersedes all guardianshipp relevant laws. I want to claim my share in the property now. My name is Aishwarya. Father is the natural guardian of a minor.

Should a parent cease being a Hindu or become a renouncer, hermit, or ascetic, that parent will lose his or her guardian rights. Any former law that is inconsistent with this law is declared legally void.


After the commencement of this Act, no person shall be entitled to dispose of, or deal with, the property of a Hindu minor merely on 156 ground of his or her being the de facto guardian of the minor.

For an adoptive son, the adoptive father is the primary guardian, then the adoptive mother. Kindly give me suitable suggestion. For appeal to the court it is favour to us or no please carify i am grateful to you sir.

I am paying the children school fee upon the request Through phone call of the school management as the mother not paying. This Act applies to all Hindus, meaning those who belong to the Hindu religion or any of its developmental forms. Money alone is not sufficient guareianship record finding regarding the welfare of the child.

I am able to get them? Archived from the original on 10 April The female child is in 8th year studying 2nd class. The father is the primary guardian for a legitimate boy and unmarried girl and their property, while the mother is the secondary guardian.

And she also wrote me if I pay school fee she can withdraw the M. Balasubramanian, AIR Mad My wife also wrote me a letter stating that she is working as tailor at her place She joined children in a corporate school. IF mother decides to marry again and leave the country and take the daughter with her. An Act to bindu and codify certain parts of the law relating to minority and guardianship among Hindus.

Hindu Minority and Guardianship Act

The mother of the minor children was dead, but the father was not residing with the children, who were being looked after by the aunty. She converted into christian religion in Took Baptism — I have got her baptism certificate. The Hindu Minority and Guardianship Act of was meant to enhance the Guardians and Wards Act ofnot serve as its replacement. And female child in Unsourced material may be challenged and removed.


Sir, I am 22 years old. Can i get a claim in the property if i go to the court? Views Read Edit View history. I am very much interested in children. Held that as the minor had definite share in the property, the mother had no authority without the previous permision of the court to sell the separate property of minor; Dhansekaran v.

Both legitimate and illegitimate minors who have at least one parent that meets the stipulations outlined above fall under the jurisdiction of this Act.

This Act is intended to be an addendum to the Guardians and Wards Act ofnot its replacement. The Hindu Minority and Guardianship Act delineates the policies regarding minorities according to Indian Hindu personal law.

The Hindu Minority and Guardianship Act, 1956

For a minor who possesses an undivided interest in joint family property that is already controlled by an adult in that family, a guardian shall not be appointed to manage that undivided interest. Log in to leave a comment. For the purposes of West Bengal Agricultural Credit Operations Act, 34 of any reference to court in section 8 of the Hindu Minority and Tuardianship Act,shall be construed as reference to the collector and the appeal against the order of the collector shall lie to the Commissioner.

Where a minor has an undivided interest in joint family property and the property guardiandhip under the management of an adult member of the family, no guardian shall be appointed for the minor in respect of such undivided interest:.

The provisions of this Act shall be in addition to, and not, save as hereinafter expressly provided, in derogation of, the Guardians and Wards Act, 8 of By using this site, you agree to the Terms of Use and Privacy Policy. Dishonour of Cheque — Section of the Negotiable instruments Act.