THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956

Sections

1. Short title and extent.
2. Act to be supplemental to Act 8 of 1890.
3. Application of Act.
4. Definitions.
5. Over-riding effect of Act.
6. Natural guardians of a Hindu minor.
7. Natural guardianship of adopted son.
8. Powers of natural guardian.
9. Testamentary guardians and their powers.
10. Incapacity of minor to act as guardian of property.
11. De facto guardian not to deal with minor’s property.
12. Guardian not to be appointed for minors undivided interest in joint family property.
13. Welfare of minor to be paramount consideration.

ACT NO. 32 OF 1956

[25th August, 1956.]

An Act to amend and codify certain parts of the law relating to minority and guardianship among Hindus.

BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:—

1. Short title and extent.—(1) This Act may be called the Hindu Minority and Guardianship Act, 1956.

(2) It extends to the whole of India ¹*** and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.

2. Act to be supplemental to Act 8 of 1890.—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, 1890 (8 of 1890).
3. Application of Act.—(1) This Act applies,—
   1. to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;
   2. to any person who is a Buddhist, Jain or Sikh by religion, and
   3. to any other person domiciled in the territories to which this Act extends 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.

Explanation.—The following persons are Hindus, Buddhists, Jains, or Sikhs by religion, as the case may be:—

1. 1. 1. any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jains or Sikhs by religion;
      2. any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jain or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; and
      3. any person who is convert or re-convert to the Hindu, Buddhist, Jain or Sikh religion.
2. Notwithstanding anything contained in sub-section (1) nothing contained in this Act shall apply to the members of any scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.

²[(2A) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the Renoncants of the Union Territory of Pondicherry.]

3. The expression “Hindu”, in any provision of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.

4. Definitions.—In this Act,—
   1. “minor” means a person who has not completed the age of eighteen years;
   2. “guardian” means a person having the care of the person of a minor or of his property or of both his person and property, and includes—

1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).
2. Ins. by Act 26 of 1968, s. 3(1) and the Schedule (w.e.f. 24-5-1968).

1. 1. a natural guardian,
   2. a guardian appointed by the will of the minor’s father or mother,
   3. a guardian appointed or declared by a court, and
   4. a person empowered to act as such by or under any enactment relating to any Court of wards.

4. 3. “natural guardian” means any of the guardians mentioned in section 6.
5. Over-riding effect of Act.—Save as otherwise expressly provided in this Act,—
   1. 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.
   2. any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this Act.
6. Natural guardians of a Hindu minor.—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), are—
   1. in the case of a boy or an 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;
   2. in the case of an illegitimate boy or an illegitimate unmarried girl—the mother, and after her, the father;
   3. in the case of a married girl—the husband:

Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section—

1. if he has ceased to be a Hindu, or
2. if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi).

Explanation.—In this section, the expressions “father” and “mother” do not include a step-father and a step-mother.

7. Natural guardianship of adopted son.—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.
8. Powers of natural guardian.—(1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor's estate; but the guardian can in no case bind the minor by a personal covenant.

2. The natural guardian shall not, without the previous permission of the court,—
   1. mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor; or
   2. lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.
3. Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or any person claiming under him.
4. No court shall grant permission to the natural guardian to do any of the acts mentioned in sub­section (2) except in case of necessity or for an evident advantage to the minor.