Powers of Natural Guardian under Hindu Guardianship Act, 1956

    Edited by: Vaani Garg

    Section 8 of the Hindu Guardianship Act, 1956 states that the power of natural guardian with respect to the minor’s person or property includes:

    1. The natural guardian of a Hindu minor has power, subject to 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. According to the Hindu Guardianship Act, !956 the natural guardian shall not without the previous permission of the court-

    (a) Mortgage or charge or transfer by sale gifts 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 subsection (1) or (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.

    5. The guardians and ward act,1980 shall apply to and in respect of an application for obtaining the permission of the court under subsection(2) in all respect as if it were an application for obtaining the permission of the court under section 29 of the Act and in particular:

    (a) Proceeding in connection with the application shall be deemed to be proceedings under that act within the meaning of section 4A there of;

    (b) The court shall observe the procedure and have the powers specified in subsection (2),(3) and (4) of section 31 of the Act, and

    (c) an appeal shall lie from an order of the court refusing permission to the natural guardian to do any of the acts mentioned in subsection(1) of this section to the court to which appeals ordinarily lie from the decisions of that court.

    Various other powers of natural guardians

    1. Act for the benefit of minor:

    A natural guardian has the power to put some restrictions on the minor for his upbringing, education, and health as it may be necessary and reasonable. The guardian has the power to choose his residence to save from a bad society.

    2.Power to enter into contracts :

    A natural guardian has the power to enter into contracts on behalf of the minor if there is a benefit regarding the minor.

    3.Compromise by natural guardian :

    A natural guardian has a right to enter into compromise on behalf of their ward.

    4.Arbitration:

    A natural guardian has power to refer to arbitration disputes provided that such is for the benefit of the property of minor.

    5.Power of Alienation:

    The natural guardian has the power to alienate the property by a mortgage or by selling any part of the estate for benefit of the minor.