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HINDU MINORITY AND
GUARDIANSHIP ACT, 1956
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HINDU MINORITY AND GUARDIANSHIP ACT, 1956



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• 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 minors property.

• 12. Guardian not to be appointed for minors undivided interest

in joint family property.

• 13. Welfare of minor to be paramount consideration.

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HINDU MINORITY AND

GUARDIANSHIP ACT, 1956
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HINDU MINORITY AND GUARDIANSHIP ACT, 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 except the
State of Jammu Kashmir and applies 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).

1
3. Application of Act.
(1) This Act applies-

(a) 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.

(b) to any person who is a Buddhist, Jaina or
Sikh by religion, and

(c) to any 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,
Jainas or Sikhs by religion, as the case may
be:-

(i) any child, legitimate or illegitimate, both of
whose parents are Hindus, Buddhists, Jainas or
Sikhs by religion;
(ii) any child, legitimate or illegitimate, one of
whose parents is a Hindu, Buddhists, Jaina or
Sikh by religion and who is brought up as a
member of the tribe, community, group or

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family to which such parent belongs or
belonged; and
(iii) any person who is convert or re-convert to
the Hindu, Buddhist, Jaina 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.
(3) The expression 'Hindu' in any portion 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,-

(a) "minor" means a person who has not
completed the age of eighteen years;
(b) "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-

(i) a natural guardian,

(ii) a guardian appointed by the will of the
minor's father or mother,


3
(iii) a guardian appointed or declared by a
court, and

(iv) a person empowered to act as such by or
under any enactment relating to any court of
wards;
(c) "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,-
(a) 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;
(b) 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-


4
(a) 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;

(b) in the case of an illegitimate boy or an
illegitimate unmarried girl-the mother, and
after her, the father;

(c) 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-

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

(b) 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.

5
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,-

(a) mortgage or charge, or transfer by sale,
gift, exchange or otherwise any part of the
immovable property of the minor or

(b) 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 sub-section (2) except in case of
necessity or for an evident advantage to the
minor.

6
(5) The Guardians and Wards Act, 1890, shall
apply to and in respect of an application for
obtaining the permission of the court under
sub-section (2) in all respects as if it were an
application for obtaining the permission of the
court under section 29 of that Act, and in
particular-

(a) proceedings in connection with the
application shall be deemed to be proceedings
under that Act within the meaning of section
4A thereof.

(b) the court shall observe the procedure and
have the powers specified in sub-sections (2),
(3) and (4) of section 31 of that Act; and

(c) an appeal lie from an order of the court
refusing permission to the natural guardian to
do any of the acts mentioned in sub-section (2)
of this section to the court to which appeals
ordinarily lie from the decisions of that court.


(6) In this section, "Court" means the city civil

court or a district court or a court empowered
under section 4A of the Guardians and Wards
Act, 1890, within the local limits of whose
jurisdiction the immovable property in respect
of which the application is made is situate, and
where the immovable property is situate within
the jurisdiction of more than one such court,
means the court within the local limits of

7
whose jurisdiction any portion of the property
is situate.
9. Testamentary guardians and their
powers.
(1) A Hindu father entitled to act as the
natural guardian of his minor legitimate
children may, by will appoint a guardian for any
of them in respect of the minor's person or in
respect of the minor's property (other than the
undivided interest referred to in section 12) or
in respect of both.
(2) An appointment made under sub-section
(1) shall have not effect if the father
predeceases the mother, but shall revive if the
mother dies without appointing, by will, any
person as guardian.
(3) A Hindu widow entitled to act as the
natural guardian of her minor legitimate
children, and a Hindu mother entitled to act as
the natural guardian of her minor legitimate
children by reason of the fact that the father
has become disentitled to act as such, may, by
will, appoint a guardian for any of them in
respect of the minor's person or in respect of
the minor's property (other than the undivided
interest referred to in section 12) or in respect
of both.

8
(4) A Hindu mother entitled to act as the
natural guardian of her minor illegitimate
children may; by will appoint a guardian for
any of them in respect of the minor's person or
in respect of the minor's property or in respect
of both.
(5) The guardian so appointed by will has the
right to act as the minor's guardian after the
death of the minor's father or mother, as the
case may be, and to exercise all the rights of a
natural guardian under this Act to such extent
and subject to such restrictions, if any, as are
specified in this Act and in the will.
(6) The right of the guardian so appointed by
will shall, where the minor is a girl, cease on
her marriage.
10. Incapacity of minor to act as guardian
of property.
A minor shall be incompetent to act as
guardian of the property of any minor.
11. De facto guardian not to deal with
minors property.
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 the
ground of his or her being the de facto
guardian of the minor.

9
12. Guardian not to be appointed for
minors undivided interest in joint family
property.
Where a minor has an undivided interest in
joint family property and the property is under
the management of an adult member of the
family, no guardian shall be appointed for the
minor in respect of such undivided interest:

Provided that nothing in this section shall be
deemed to affect the jurisdiction of a High
Court to appoint a guardian in respect of such
interest.
13. Welfare of minor to be paramount
consideration.
(1) In the appointment of declaration of any
person as guardian of a Hindu minor by a
court, the welfare of the minor shall be the
paramount consideration.
(2) No person shall be entitled to the
guardianship by virtue of the provisions of this
Act or of any law relating to guardianship in
marriage among Hindus, if the court is of
opinion that his or her guardianship will not be
for the welfare of the minor.

10
 All Hindu Laws
The Hindu Succession Act, 1956
The Hindu Adoptions and Maintenance Act, 1956
The Hindu Minority and Guardianship Act, 1956
The Hindu Marriage Act, 1955

11
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