Disability of natural guardians

    Edited by: Vaani Garg

    Disability of natural guardians

    Natural guardians are the ones who have a natural relationship with a minor. Natural guardian is the person who takes care of minor or of his property or both. Section 6 of Hindu Minority and Guardianship Act, 1956 states that natural guardian of a minor includes the following persons:

    1. Father
    2. Mother
    3. Husband

    Disability of natural guardians

    There are some disabilities of natural guardians which arise from following reasons:

    Disability of natural guardians
    1. Apostasy: This Act prescribes that a natural guardian of a minor shall cease to be entitled to act as such on his or her ceasing to be a Hindu. The person who has ceased to be a Hindu or lost status of Hindu cannot be regarded as Guardian of a Hindu minor.
    2. Renounce: Any person who has completely and fully renounced the world by becoming a hermit forfeits his right to continue as the natural guardian.
    3. Minor: A minor shall be incompetent to act as a guardian of a minor and his property. But in respect of the joint family, there is no prohibition in Hindu law, if a minor is a Karta such property remains under his protection.
    4. No minor’s welfare: If in the opinion of the Court there is no Minor’s welfare under his or her guardianship, then that person is not entitled to act as guardian of the minor.

    Disability of natural guardians

    Conclusion

    Disability of natural guardians

    Under Hindu minority and guardianship, Act 1956 these are disabilities regarding guardianship of a minor. If a person renounces a world that person is not entitled to act as a natural guardian. The mere fact that a person declares that he has become a sanyasi or that he wears clothes of sanyasi would not be sufficient. If a person renounces the world completely and finally then that person is not entitled to act as a guardian of a minor.