#THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956 
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##ARRANGEMENT OF SECTIONS 
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###SECTIONS 

1.  Short title and extent. 
2.  Act to be supplemental to Act 8 of 1890. 
3.  Application of Act. 
4.  Definitions. 
5.  Over-riding effect of Act. 
6.  Natural guardians of a Hindu minor. 
7.  Natural guardianship of adopted son. 
8.  Powers of natural guardian. 
9.  Testamentary guardians and their powers. 
10.  Incapacity of minor to act as guardian of property. 
11.  De facto guardian not to deal with minor’s property. 
12.  Guardian not to be appointed for minors undivided interest in joint family property. 
13.  Welfare of minor to be paramount consideration.
 
 
 
#THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956 

##ACT NO. 32 OF 1956 

[25th August, 1956.] 

An Act to amend and codify certain parts of the law relating to minority and guardianship among 
Hindus. 

BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:— 

1. **Short title and extent.**—(1) This  Act  may  be  called the  Hindu Minority  and  Guardianship  Act, 1956.

(2) It extends to the whole of India and applies also to Hindus domiciled in the  territories  to 
which this Act extends who are outside the said territories. 

2. **Act to be supplemental to Act 8 of 1890.**—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,  1890               
(8 of 1890).

3. **Application of Act.**—(1) This Act applies,— 

(a) to any person who is a Hindu by religion in any of its forms or developments, including a 
Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj; 

(b) to any person who is a Buddhist, Jain or Sikh by religion, and 

(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, 
Christian,  Parsi  or  Jew  by  religion  unless  it  is  proved  that  any  such  person  would  not  have  been 
governed  by  the  Hindu  law  or  by  any  custom  or  usage  as  part  of that  law  in respect  of  any  of  the 
matters dealt with herein if this Act had not been passed.

*Explanation*.—The following persons are Hindus, Buddhists, Jains, or Sikhs by religion, as the case 
may be:— 

(i) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jains or 
Sikhs by religion; 

(ii) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jain or 
Sikh by religion and who is brought up as a member of the tribe, community, group or family to 
which such parent belongs or belonged; and 

(iii) any person who is convert or re-convert to the Hindu, Buddhist, Jain or Sikh religion.

(2) Notwithstanding anything contained in sub-section (1) nothing contained in this Act shall apply to 
the members of any scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution 
unless the Central Government, by notification in the Official Gazette, otherwise directs.

(2A)  Notwithstanding  anything  contained  in  sub-section  (1),  nothing  contained  in  this  Act  shall 
apply to the Renoncants of the Union Territory of Pondicherry.

(3) The expression “Hindu”, in any provision of this Act shall be construed as if it included a person 
who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the 
provisions contained in this section. 

4. **Definitions.**—In this Act,— 

(a) “minor” means a person who has not completed the age of eighteen years;

(b) “guardian” means a person having the care of the person of a minor or of his property or of 
both his person and property, and includes—  

(i) a natural guardian, 

(ii) a guardian appointed by the will of the minor’s father or mother, 

(iii) a guardian appointed or declared by a court, and 

(iv) a person empowered to act as such by or under any enactment relating to any Court of 
wards. 

(c) “natural guardian” means any of the guardians mentioned in section 6.

5. **Over-riding effect of Act.**—Save as otherwise expressly provided in this Act,—

(a) any  text,  rule or interpretation  of  Hindu  Law  or any  custom  or  usage  as  part  of  that  law in 
force immediately before the commencement of this Act Shall cease to have effect with respect to any 
matter for which provision is made in this Act. 

(b) any other law in force immediately before the commencement of this Act shall cease to have 
effect in so far as it is inconsistent with any of the provisions contained in this Act. 

6. **Natural guardians of a Hindu minor.**—The natural guardians of a Hindu minor; in respect of the 
minor's  person  as  well  as in  respect  of  the  minor’s  property  (excluding  his  or  her  undivided interest  in 
joint family property), are— 

(a) 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  the 
mother; 

(b) in the case of an illegitimate boy or an illegitimate unmarried girl—the mother, and after her, 
the father; 

(c) in the case of a married girl—the husband:

Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions 
of this section— 

(a) if he has ceased to be a Hindu, or 

(b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or 
an ascetic (yati or sanyasi). 

*Explanation.*—In this section, the expressions “father” and “mother” do not include a step-father and 
a step-mother. 

7. **Natural guardianship of adopted son.**—The  natural  guardianship  of  an  adopted  son  who  is  a 
minor passes, on adoption, to the adoptive father and after him to the adoptive mother.

8. **Powers of natural guardian.**—(1) The natural guardian of a Hindu minor has power, subject to 
the 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) The natural guardian shall not, without the previous permission of the court,— 

	(a) mortgage or charge, or transfer by sale, gift, 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 of sub-section (1) or 
sub-section (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 sub-
section (2) except in case of necessity or for an evident advantage to the minor.

(5) The Guardians and Wards Act, 1890 (8 of 1890), shall apply to and in respect of an application for 
obtaining the permission of the court under sub-section (2) in all respects as if it were an application for 
obtaining the permission of the court under section 29 of that Act, and in particular—           

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

	(b) the court shall observe the procedure and have the powers specified in sub-sections (2), (3) 
and (4) of section 31 of that 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 sub-section (2) of this section to the court to which appeals ordinarily lie 
from the decisions of that court.

(6) In this section, “Court” means the city civil court or a district court or a court empowered under 
section  4A  of  the  Guardians  and  Wards  Act,  1890  (8  of  1890),  within  the  local  limits  of  whose 
jurisdiction the immovable property in respect of which the application is made is situate, and where the 
immovable property is situate within the jurisdiction of more than one such court, means the court within 
the local limits of whose jurisdiction any portion of the property is situate.

9. **Testamentary guardians and their powers.**—(1)  A  Hindu  father  entitled  to  act  as  the  natural 
guardian of his minor legitimate children may, by will appoint a guardian for any of them in respect of the 
minor’s  person  or  in  respect  of  the  minor’s  property  (other  than  the  undivided  interest  referred  to  in 
section 12) or in respect of both. 

(2) An appointment made under sub-section (1) shall have no effect if the father predeceases the 
mother, but shall revive if the mother dies without appointing, by will, any person as guardian.

(3) A  Hindu  widow  entitled  to  act  as  the  natural  guardian  of  her  minor  legitimate  children,  and  a 
Hindu mother entitled to act as the natural guardian of her minor legitimate children by reason of the fact 
that the father has become disentitled to act as such, may, by will, appoint a guardian for any of them in 
respect  of  the  minor’s  person  or  in  respect  of  the  minor’s  property  (other  than  the  undivided  interest 
referred to in section 12) or in respect of both. 

(4) A Hindu mother entitled to act as the natural guardian of her minor illegitimate children may; by 
will,  appoint  a  guardian  for  any  of  them  in  respect  of  the  minor’s  person  or  in  respect  of  the  minor's 
property or in respect of both. 

(5) The guardian so appointed by will has the right to act as the minor’s guardian after the death of 
the minor’s father or mother, as the case may be, and to exercise all the rights of a natural guardian under 
this Act to such extent and subject to such restrictions, if any, as are specified in this Act and in the will. 

(6)  The  right  of  the  guardian  so  appointed  by  will  shall,  where  the  minor  is  a  girl,  cease  on  her 
marriage. 

10. **Incapacity of minor to act as guardian of property.**—A minor shall be incompetent to act as 
guardian of the property of any minor. 

11. **De facto guardian not to deal with minor’s property.**—After the commencement of this Act, 
no person shall be entitled to dispose of, or deal with, the property of a Hindu minor merely on the ground 
of his or her being the *de facto* guardian of the minor.

12. **Guardian  not  to  be  appointed  for  minors  undivided  interest  in  joint  family  property.**—
Where a minor has an undivided  interest  in  joint  family  property  and  the  property  is  under  the 
management of an adult member of the family, no guardian shall be appointed for the minor in respect of 
such undivided interest: 

Provided  that  nothing  in  this  section  shall  be  deemed  to  affect  the  jurisdiction  of  a  High  Court  to 
appoint a guardian in respect of such interest. 

13. **Welfare of minor to be paramount consideration.**—(1)  In  the  appointment  of  declaration  of 
any  person  as  guardian  of  a  Hindu  minor  by  a  court,  the  welfare  of  the  minor  shall  be  the  paramount 
consideration. 

(2) No person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law 
relating to guardianship in marriage among Hindus, if the court is of opinion that his or her guardianship 
will not be for the welfare of the minor.