What is Guardian definition under The Hindu Minority and Guardianship Act 32 of 1956

What is Guardian definition under The Hindu Minority and Guardianship Act 32 of 1956 ?

As the act name suggests that the two terms which are very important are (1) Minority (2) Guardian. Here in this part we will just discuss about the Guardian definition.

Firstly we will know what the bear Act says about guardian definition then we will discuss the matter.

Definition of Guardian:

Guardian means a person having the care of the person of a minor or of his property or of both his person and property.

Types of Guardian:

1. Natural Guardian

2. Guardian appointed by the will of the minor’s father or mother.

3. Guardian appointed or declared by a court.

4. Person empowered to act as such by or under any enactment relating to any court of wards.

What is natural guardian ?

The natural guardians of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property(excluding his or her undivided interest in joint family property).

(A) in the case of boy or unmarried girl- the father and after him the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother.

(B) in the case of illegitimate boy or an illegitimate unmarried girl – the mother and after her the father.

(C) In the case of married girl the father.

Who is entitled to become a natural guardian of a minor?

No person shall be entitled to act as the natural guardian of a minor under the provision of this section

(a) if he has ceased to be a Hindu or

(b) if he has completely and finally renounced the world becoming a hermit or sanyasi .  

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