HINDU MINORITY GUARDIANSHIP ACT 1956 PDF

An Act to amend and codify certain parts of the law relating to minority and guardianship among Hindus. 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, 8 of Pondicherry:In section 3, after sub-section 2 , insert the following:—. If a person donates property to a minor and appoints a guardian to look after the property he would not be a guardian within the meaning of the Act; Rajalakshmi v.

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Three other important acts were also created during this time and they include the Hindu Marriage Act , the Hindu Succession Act , and the Hindu Adoptions and Maintenance Act All of these acts were put forth under the leadership of Jawaharlal Nehru , and were meant to modernize the then current Hindu legal tradition. The Hindu Minority and Guardianship Act of was meant to enhance the Guardians and Wards Act of , not serve as its replacement.

This act specifically serves to define guardianship relationships between adults and minors, as well as between people of all ages and their respective property. The Hindu Minority and Guardianship Act delineates the policies regarding minors according to Indian Hindu personal law.

This Act is intended to be an addendum to the Guardians and Wards Act of , not its replacement. Any former law that is inconsistent with this law is declared legally void. This law supersedes all other relevant laws.

This Act applies to all Hindus, meaning those who belong to the Hindu religion or any of its developmental forms. Those who practice the religions of Buddhism, Sikhism, and Jainism are also considered Hindus. Finally, those who are not Muslim, Christian, Parsi or Jewish are governed by this Act unless they can prove that prior to its passage, they were not governed by Hindu law. Both legitimate and illegitimate minors who have at least one parent that meets the stipulations outlined above fall under the jurisdiction of this Act.

The father is the primary guardian for a legitimate boy and unmarried girl and their property, while the mother is the secondary guardian. However, the mother is the primary guardian for all children under the age of five. For illegitimate children, the mother is the primary guardian, while the father is the secondary guardian. For an adoptive son, the adoptive father is the primary guardian, then the adoptive mother. Should a parent cease being a Hindu or become a renouncer, hermit, or ascetic, that parent will lose his or her guardian rights.

Natural guardians can take actions that will benefit and protect the minor and his or her property. However, the guardian cannot sign a personal covenant for the minor. A child cannot act as a guardian of property of minors. For a minor who possesses an undivided interest in joint family property that is already controlled by an adult in that family, a guardian shall not be appointed to manage that undivided interest. The welfare of the minor will be the primary consideration in the appointment of a guardian.

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It also provides that the guardian of a married minor girl is her husband. Sex discrimination in marital status laws renders women and girls subordinate in many aspects of family relations before, during and after marriage. Laws that give preferential right of custody or guardianship over children to the father over the mother discriminate against women and are based on a sex stereotype that views men as superior to women. Section 6.

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All you need to know about Hindu Minority and Guardianship Act,1956

Three other important acts were also created during this time and they include the Hindu Marriage Act , the Hindu Succession Act , and the Hindu Adoptions and Maintenance Act All of these acts were put forth under the leadership of Jawaharlal Nehru , and were meant to modernize the then current Hindu legal tradition. The Hindu Minority and Guardianship Act of was meant to enhance the Guardians and Wards Act of , not serve as its replacement. This act specifically serves to define guardianship relationships between adults and minors, as well as between people of all ages and their respective property. The Hindu Minority and Guardianship Act delineates the policies regarding minors according to Indian Hindu personal law. This Act is intended to be an addendum to the Guardians and Wards Act of , not its replacement.

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Hindu Minority and Guardianship Act

In this article, the author discusses discrepancies in the Hindu Minority and Guardianship Act and how it is affecting our society. In the Hindu Dharamshastras, not much has been said about the guardianship. This was due to the concept of joint families where a child without parents is taken care of by the head of the joint family. Thus no specific laws were required regarding the guardianship.

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