In the case of a minor girl or boy: the natural guardian of a minor child is with the father, and the mother of the minor is classified as the natural guardian after the father. However, if the minor is under five years of age, custody is usually the responsibility of the mother. Guardianship by affinity is the guardian of a minor widow. In the early days of smritis, child marriages were very common. After the marriage of a minor girl to the husband, the husband became the guardian of the daughter. If, in any situation, the husband has died, the minor widow should not feel insecure. Because if a minor girl becomes a widow, then the man`s parents have the responsibility to protect and maintain her, but if there is no one in the man`s family, then the widow`s father takes the widow`s responsibility to protect her. Types of guardians under the Hindu Minority and Guardianship Act, 1956 In the case of an illegitimate minor boy or girl: If the minor child is an illegitimate child, in this case, the mother is the first natural guardian. After the mother, the father is the natural guardian. The de facto guardian of a minor`s property is entitled to bind the estate of a minor by means of a simple contract, or the debtor to lend money for the security of a security, provided that the contract, debt or loan meets the legal necessity or for the benefit of the minor`s estate and unless the guardian has excluded liability under the contract. Debt instrument or negotiable instrument. The early days of Smritis child marriage were very common. After the marriage of a minor girl to the husband, the husband became the guardian of the daughter.

In all situations, when the husband dies, the minor widow should not feel insecure. [5] lawcorner.in/de-facto-guardian-under-hindu-law/ de facto guardian does not have the right to assume debts, to donate the property of a minor or to arbitrate. According to this article, no one has the right to act as the natural guardian of a minor if he is not a Hindu or if he has definitively left this world by becoming a hermit (Vanaprastha) or ascetic (Yati or Sanyasi). In this article, the meaning of the words “father” and “mother” does not include a stepfather and a mother-in-law. There are 3 types of guardians, which are as follows: According to article 11, the de facto guardian is not allowed to dispose of or handle the minor`s property, and it is given that the guardian does not have the right to go into debt. By the will of the father or grandfather, a mother may be appointed as guardian or executor of a child`s will. A non-Muslim mother may be appointed testamentary guardian in the case of Sunnis, but not in the case of Shiites. A testamentary guardian must explicitly or implicitly acknowledge guardianship. If guardianship has been agreed, it can only be refused or revoked with the consent of the court. Guardian appointed by the court If the natural and testamentary guardians fail, the court has the right to appoint a guardian for the child.

The Guardians and Wards Act 1890 governs the appointment of a guardian for a child of any group. The law empowers the District Court to appoint a guardian after weighing the best interests of the child. The High Court also has the power to appoint a guardian for a minor, which it rarely does. The law of guardianship among Muslims came from certain verses of the Qur`an and certain hadids. Under Muslim law, there are only three types of guardians:The sole father is considered the natural guardian of a child under Muslim law, and the mother is not considered a natural or other guardian even after the death of the father. Even if custody of the child does not belong to him, the father is considered the sole natural guardian of the child and has authority over all decisions concerning him. In Imambandi v. Mutsaddi, the court ruled that the father is the sole and supreme guardian of his minor children as long as he lives. Only the legitimate children of the father are under his guardianship. He is not entitled to guardianship of illegitimate children. A Muslim mother can have custody of her children, but she cannot be her guardian.

The parent is the natural guardian of a child in the Sunnis, and guardianship passes to the executor after the death of the father. The father is the natural guardian of the Shiites, but after his death, guardianship passes to the grandfather if he is still alive. And even if the father has appointed an executor, if the grandfather is alive, guardianship is transferred to him. It is only in the absence or after the death of the grandfather that the executor becomes the guardian. If the grandfather appoints an executor before his death, the executor appointed by the grandfather becomes the guardian after the grandfather`s death. Will guardianThe term wali, guardian, amin or kaim-mukam refers to a testamentary guardian. The father may appoint a testamentary guardian in Shia and Sunni traditions. In the absence of the father and his executor, the grandfather has the power to appoint a testamentary guardian. The guardian of the father is true among the Shiites only when the grandfather is dead; Otherwise, the grandfather has the power to appoint the testamentary guardian. In both Shia and Sunni countries, the mother does not have the right to appoint a guardian for her children, except in two cases: a guardian may be described as a person who cares for and protects another person, usually a minor.

Simply put, a person who cares for a minor and protects his or her property and property may be called a guardian. Previously, the “guardian” and “minor” provisions were mentioned in the Guardians and Wards Act 1890. After India`s independence from colonial rule, personal laws were radically changed according to the needs of post-independent Indian society. Accordingly, the Hindu Minority and Guardianship Act of 1956, in the seventh year of independence, was promulgated on 25 August 1956. Now, these types of powers are used by the courts under the Guardians and Wards Act of 1890. In this case, the minor is gilding. She cannot have a community of interest with her father. The issue of common marital status cannot be raised. I believe it is the inherent right of a father to have custody of his minor children, and that right is transferable by will, and there is nothing in Hindu law that prevents such a transfer. Since there is no specific rule in Hindu law or in any valid custom against the appointment of a testamentary guardian by a father for his minor children, I am of the opinion that a father has the right to appoint by will a guardian for the person of his minor children, whether or not there is joint family property. and this right does not depend on the father`s ability to obtain by will the property of his child for which he appoints a guardian. A de facto guardian means a self-appointed guardian.

It is a person who is constantly interested in the welfare of a minor or in the management or management of the property of minors without legal authorization. Alienation by the de facto guardian is null and void. Article 1 does not allow the de facto guardian to dispose of or handle the minor`s property and it goes without saying that the guardian does not have the right to incur debts. Under section 9 (5) of the Hindu Minority and Guardianship Act 1956, the testamentary guardian has the power to exercise all the rights of the natural guardian, subject to any restrictions set out in the will or law. TESTAMENTARY GUARDIANS: Section 9 of the Hindu Minority and Guardianship Act, 1956 allows either parent to appoint the testamentary guardian. [4] thefactfactor.com/facts/law/civil_law/family_laws/hindu-laws/guardian-appointed-by-court/3610/#:~:text=In%20Bimla%20v.,the%20welfare%20of%20the%20child. Therefore, the guardian is very important for a minor to protect himself physically or mentally and to be safe from danger. Only three persons are considered natural guardians under section 6 of the Hindu Minority and Guardianship Act 1956: mother, father and husband.

The father or husband of a minor child or woman may be deprived of natural guardianship only if the court finds him incapable of caring for the minor child or woman in accordance with section 19 of the Guardians and Wards Act 1890. According to section 13 of the Hindu Minority and Guardianship Act 1956, the welfare of a minor child is of paramount importance. And if the court decides that guardianship of a person is not in the best interests of the child, it can remove that person as guardian of the child. Even if the father is still alive, the mother is the natural guardian of illegitimate minor children under section 6 (b) of the Hindu Minority and Guardianship Act 1956. The natural guardianship of the adopted son under section 7 passes to the adoptive father and, after his death, to the adoptive mother. In the case of a legitimate child, a mother can become guardian only after the death of the father or the inability to become one. Article 6 (a) provides that the custody of a child under five years of age shall be the responsibility of the mother, unless the court determines that it is detrimental to the welfare of the child. In the case of Ms. Githa Hariharan and anrs. v. Reserve Bank of India and anrs., the question was raised as to whether custody of a minor child could be transferred to the mother in the absence of the father. It was decided that the word “after” in paragraph 6(a) should be interpreted broadly to include “in the absence of” rather than “after life”.

COURT-APPOINTED GUARDIANS: The court-appointed guardian is called a certified guardian. The appointment of guardians of Hindu children is governed by the Guardians and Wards Act, 1890. According to the law, jurisdiction lies with the District Court.