Natural guardian of a Hindu minor

    Edited by: Vaani Garg

    Section 4 of the Hindu Minority and Guardianship Act,1956 defines a minor as a person who has not completed the age of eighteen years.

    A minor is a person who is considered to be immature or physically or mentally unprepared to take decisions for oneself and hence needs someone’s protection.

    Under Section 6 of Hindu minority and Guardianship, Act 1956 the natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property-

    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 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 married girl: The husband

    The proviso to Section 6 says that no person shall be entitled to act as natural guardians-

    1.If he has ceased to be a Hindu,

    2..If he has completely and finally renounced the world.

    Explanation– In this section, the expressions ‘father’ and ‘mother’ do not include a stepfather and a stepmother.

    Section 7 of natural guardianship of adopted son:

    The natural guardianship of an adopted son who is a minor is granted to the adoptive father and after him to the mother.

    Therefore, after going through the provisions of section 6 conclude that the natural guardian of a minor are following persons-

    1.Father

    2.Mother

    3.Husband

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