The Hindu Minority and Guardianship Act 1956
Scheme of the Act: extent, link to the Guardians and Wards Act, application, definitions, overriding effect and sections 6 to 13
Scope: The scheme of the Act as a whole. Natural, testamentary and court-appointed guardians are explained in the note on the law of guardianship.
In one minute
The Hindu Minority and Guardianship Act, 1956 is one of the four Hindu Acts. It deals with the guardianship of Hindu minors. It is supplemental the Guardians and Wards Act, 1890 and does not replace it.
It extends to the whole of India and also to Hindus domiciled in India who are outside it. A minor is a person under eighteen. Sections 6 to 13 hold the rules on natural and other guardians.
Exam focus
- Frequency: Frequently asked
- Usually asked as: Both (long answer and short answer)
Legal provision
- Section 1: short title, and extent to the whole of India, including Hindus domiciled in India who are outside it.
- Section 2: the Act is in addition to the Guardians and Wards Act, 1890, and does not take away from it, except where the Act expressly says so.
- Section 3: application to Hindus by religion in any form, Buddhists, Jains, Sikhs, and the residuary group, with the Explanation on children and converts. Section 3(2) excludes Scheduled Tribes unless notified. Section 3(2A) excludes the Renoncants of Pondicherry.
- Section 4: definitions of "minor", "guardian" and "natural guardian".
- Section 5: overriding effect over old texts, custom and inconsistent laws, save as the Act provides.
- Sections 6 to 13: the working rules on guardians, listed in Step 5 below.
Meaning and definition
Section 4 gives three definitions. A "minor" is a person who has not completed eighteen years. A "guardian" is a person having the care of a minor's person, property or both. A "natural guardian" is any guardian named in section 6.
The definition of guardian includes four kinds.
- A natural guardian.
- A guardian appointed by the will of the minor's father or mother.
- A guardian appointed or declared by a court.
- A person empowered to act under a Court of Wards enactment.
- Guardian (section 4(b))
- Natural guardianNamed in section 6.
- Testamentary guardianAppointed by the will of the father or mother (section 9).
- Court-appointed guardianAppointed or declared by a court.
- Court of Wards guardianEmpowered by an enactment on Courts of Wards.
Detailed explanation
Step 1: extent (section 1)
The Act extends to the whole of India. The words that excluded Jammu and Kashmir were omitted by Act 34 of 2019, with effect from 31 October 2019. The Act also applies to Hindus domiciled in India who are outside it.
Step 2: link to the 1890 Act (section 2)
The Act is in addition to the Guardians and Wards Act, 1890. It does not cut down that Act, except where it says so expressly. Both Acts therefore work together for a Hindu minor.
Step 3: application (section 3)
The Act applies to the same groups as the other Hindu Acts. Under section 3(3), "Hindu" in any provision includes a person who is not a Hindu by religion but to whom the Act applies by section 3.
Example. A Jain couple in Vijayawada die, leaving a minor son. The Act applies to him as a Jain, although Jains are not Hindus by religion.
Step 4: overriding effect (section 5)
Save as the Act expressly provides, any text, rule, interpretation, custom or usage of Hindu law ceases to have effect on a matter for which the Act provides. Any other law ceases to have effect so far as it is inconsistent with the Act.
Step 5: the working sections (sections 6 to 13)
- Section 6: names the natural guardians of a Hindu minor.
- Section 7: natural guardianship of an adopted son.
- Section 8: powers of the natural guardian over the minor's property.
- Section 9: testamentary guardians and their powers.
- Section 10: a minor cannot act as guardian of property.
- Section 11: a de facto guardian must not deal with the minor's property.
- Section 12: no guardian is appointed for a minor's undivided interest in joint family property.
- Section 13: the welfare of the minor is the paramount consideration.
The detail of these sections is in the note on the law of guardianship.
Exceptions and special rules
- Scheduled Tribes: excluded unless the Central Government notifies otherwise (section 3(2)).
- Pondicherry: the Act does not apply to the Renoncants (section 3(2A)).
- Express departures: the Act cuts down the 1890 Act only where it says so.
Don't confuse: this Act and the 1890 Act
| Point | Hindu Minority and Guardianship Act, 1956 | Guardians and Wards Act, 1890 |
|---|---|---|
| Persons covered | Hindu minors, in the sense of section 3 | Minors generally |
| Relation | In addition to the 1890 Act (section 2) | Continues to apply alongside |
| Natural guardians | Named in section 6 | Not the source of the Hindu natural guardian |
Inside the concept. A father of a Hindu minor in Guntur is the natural guardian named in section 6. That is this Act.
Just outside it. A relative asks a court to appoint a guardian for the same minor. The court may act under the 1890 Act, which this Act leaves in place.
Common mistakes
- Saying that the 1956 Act repeals the Guardians and Wards Act, 1890. Section 2 keeps it.
- Saying that the age of minority is twenty-one. Section 4(a) fixes it at eighteen.
- Forgetting that the Act applies to Buddhists, Jains and Sikhs.
- Saying that the Act lets custom decide who is the natural guardian. Section 5 ends such custom.
Apply it
Problem
A Sikh father in Hyderabad dies, leaving a minor daughter of ten. Her mother wishes to act for her. Does the 1956 Act apply?
Issue
Is a Sikh minor within section 3 of the Act?
Rule
Section 3(1)(b) applies the Act to a person who is a Buddhist, Jain or Sikh by religion. Section 4(a) makes a person under eighteen a minor.
Application
The girl is a Sikh and is under eighteen, so she is a minor to whom the Act applies. The question of who is her natural guardian is answered by section 6.
Conclusion
The 1956 Act governs her guardianship, in addition to the 1890 Act.
Leading case laws
- Githa Hariharan v. Reserve Bank of India
Facts. A mother challenged the rule that put the father first as natural guardian of a Hindu minor.
Principle. The Court read "after" in section 6(a) as meaning in the absence of the father, and did not strike down the section.
Why it matters. It shows how the Court reads the Act's natural guardian provisions in line with equality.
How to write this answer in the exam
5-mark answer
- Object of the Act.
- Extent and application: sections 1 and 3.
- Link to the 1890 Act: section 2.
- Definitions and overriding effect: sections 4 and 5.
10-mark answer
- Background and object.
- Extent, application and definitions.
- Relation with the 1890 Act.
- Overriding effect.
- Sections 6 to 13 in brief.
- Cases.
Key points to remember
- The Act is in addition to the Guardians and Wards Act, 1890 (section 2).
- A minor is a person under eighteen (section 4(a)).
- Guardian includes natural, testamentary, court-appointed and Court of Wards guardians (section 4(b)).
- Section 5: overrides old texts, custom and inconsistent laws.
- Section 13: the welfare of the minor is paramount.
Quick self-test
1. How does the Act relate to the 1890 Act?
It is in addition to it and does not replace it (section 2).
2. At what age does a person stop being a minor?
On completing eighteen years (section 4(a)).
3. Which section names the natural guardians?
Section 6.