What are the powers of a guardian under Hindu law?

As per Section 1 of the Act, the natural guardian of a Hindu minor has the power to do all acts, which are mandatory or reasonable and proper for the benefit of the minor 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.

What are the powers of such 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 …

What are the powers of a guardian under Hindu law can a minor be appointed as a guardian?

As per section 12, no guardian can be appointed for the undivided interest in the joint property of the minor. However, the court may appoint a guardian for the complete joint family if required.

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What are his powers under the Hindu Minority and Guardianship Act 1956?

—(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.

Who Cannot be a natural guardian?

No outsider can become a guardian of the minor except father or mother. The guardianship of the minor is not about the legal right of the minor, but it takes the welfare of the child into consideration. Section 13 of the Act of 1956 states about the welfare of the minor.

What are the rights of a legal guardian?

The legal guardian has the right to consent for the minor and make all decisions regarding the minor’s health and education. A legal guardian will maintain custody of the minor until the minor reaches the age of eighteen, or until a judge determines that the minor no longer needs a guardian.

Who can appoint a guardian by will what are the powers of a testamentary guardian?

A testamentary guardian is one appointed by a will. The father of a minor may appoint such a guardian under his will. Formerly on his death, the testamentary guardian could function under the will as guardian of the minor even though the minor’s mother might then be alive.

Can he alienate the undivided interest of a Hindu minor?

The words ‘excluding his or her undivided interest in joint family properly’ which have been put in brackets make it clear that the undivided interest of a Hindu minor is excluded from the operation of the provisions of the Act and the subject-matter with which the Act deals is limited to guardians in respect of …

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Can a testamentary guardian alienate the undivided interest of a Hindu minor?

Section 8 of the Hindu Minority and Guardianship Act will not apply to such alienation. … As a matter of fact, Section 12 provides that no guardian shall be appointed for the minor in respect of the undivided interest in a joint Hindu family.

Who are entitled to be the guardian of the person and property of a minor?

—(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.

What are the types of guardianship?

Natural guardians, 2. Testamentary guardians, and 3. Guardians appointed or declared by the court. There are two other types of guardians, existing under Hindu law, de facto guardians, and guardians by affinity.

Can husband be a guardian?

“The husband is in relationship with the Girl and in terms of Sections 19 and 21 of the Guardians and Wards Act read with Sections 6, 10 and 13 of the Hindu Minority and Guardianship Act, 1956, he (husband) has a right to hold as the natural guardian of the minor Hindu girl who is married to him which as per the …