The Hindu Minority and Guardianship Act, 1956

THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956

This Act may be called the Hindu Minority and Guardianship Act, 1956. It extends to the whole of India and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.

The Act applies to any person who is a Hindu by religion or to any person who is a Buddhist, Jain, or Sikh by religion, and to any other person who is not a Muslim, Christian, Parsi, or Jew by religion unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

The Act defines "minor" as a person who has not completed the age of eighteen years, and "guardian" as a person having the care of the person of a minor or of his property or of both his person and property.

The Act provides that any text, rule, or interpretation of Hindu Law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act.

The natural guardians of a Hindu minor are the father and mother, with certain exceptions. The natural guardianship of an adopted son who is a minor passes on adoption to the adoptive father and after him to the adoptive mother.

The natural guardian has power to do all acts necessary or reasonable and proper for the benefit of the minor or for the realization, protection, or benefit of the minor's estate, but cannot bind the minor by a personal covenant. The natural guardian shall not mortgage or charge any part of the immovable property of the minor without the prior permission of the court.

The Act provides that the welfare of the minor shall be the paramount consideration in the appointment of declaration of any person as guardian of a Hindu minor by a court.