Law of Guardianship — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. Under Section 6(a), the natural guardian of a Hindu boy is, in order:

   • Mother, then father
   • Father, then mother (correct answer)
   • Grandfather, then father
   • Court, then parents

   Explanation. For a boy or unmarried girl, Section 6(a) names the father, and after him, the mother.

2. Under Section 6(b), the natural guardian of an illegitimate boy is, in order:

   • Father, then mother
   • Mother, then father (correct answer)
   • Grandmother, then mother
   • Court-appointed only

   Explanation. For an illegitimate boy or unmarried girl, Section 6(b) reverses the order: mother, then father.

3. In Githa Hariharan v. Reserve Bank of India, 'after him' in Section 6(a) was interpreted to mean:

   • Only after the father's death
   • In the absence of the father (correct answer)
   • Never applicable to mothers
   • Only after divorce

   Explanation. The Supreme Court read 'after him' as 'in the father's absence,' not necessarily his death.

4. Who is disqualified from acting as a natural guardian under the proviso to Section 6?

   • A working parent
   • A person who has ceased to be Hindu or renounced the world (correct answer)
   • A divorced parent
   • A minor's sibling

   Explanation. The proviso disqualifies a person who has ceased to be Hindu, or has completely renounced the world.

5. Under Section 8, a natural guardian needs the court's prior permission to:

   • Buy property for the minor
   • Mortgage, transfer, or lease (beyond 5 years) the minor's immovable property (correct answer)
   • Open a bank account for the minor
   • Enroll the minor in school

   Explanation. Section 8(2) requires prior court permission for these specific transactions involving the minor's immovable property.

6. Under Section 7, the natural guardianship of an adopted minor son passes to:

   • The birth parents
   • The adoptive father, then the adoptive mother (correct answer)
   • The court
   • The guardian who arranged the adoption

   Explanation. Section 7 transplants the same father-then-mother priority into the adoptive family.

7. Under Section 9, a testamentary guardian is appointed by:

   • A court order
   • A will made by an entitled parent (correct answer)
   • The Guardians and Wards Act, 1890
   • The minor's own choice

   Explanation. Section 9 allows an entitled parent to appoint a guardian for their minor children by will.

8. Under Section 11, a 'de facto guardian' (with no legal appointment):

   • Can freely deal with the minor's property
   • Cannot deal with or dispose of the minor's property merely on that basis (correct answer)
   • Must be a blood relative
   • Is automatically a natural guardian

   Explanation. Section 11 specifically bars a de facto guardian from dealing with or disposing of the minor's property.

9. Under Section 13 of the Hindu Minority and Guardianship Act, 1956, in appointing a guardian the paramount consideration is:

   • The father's wishes
   • The welfare of the minor (correct answer)
   • The mother's age
   • The guardian's religion

   Explanation. Section 13(1): the welfare of the minor shall be the paramount consideration.