The Hindu Minority and Guardianship Act, 1956

A sixteen-year-old's grandfather leaves her a share in a Dadar flat. The builder wants to buy it, her father is ready to sign, and her mother objects. Who can act for her, and can the father sell her share just because he is her father? The Hindu Minority and Guardianship Act 1956 answers in thirteen short sections: who the natural guardians are, how far they can deal with a child's property, and why the child's welfare beats every other consideration.

In two minutes

Under the Hindu Minority and Guardianship Act 1956, the natural guardian of a Hindu minor (under eighteen) is the father and then the mother, with custody of a child under five ordinarily with the mother; the guardian may act for the minor's benefit but needs the court's permission to sell, mortgage or give away immovable property, and in every appointment by a court the minor's welfare is the paramount consideration.

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