⭐ HINDU MINORITY AND GUARDIANSHIP ACT, 1956 (HMGA)
HINDU MINORITY AND GUARDIANSHIP ACT, 1956 (HMGA)
Full Explanation — Sections 1 to 13 + Case Laws + Amendments
Section 1 — Short title, extent and commencement
Meaning
Name: Hindu Minority and Guardianship Act, 1956
Extent: Whole of India (Originally except J&K; now applicable after 2019).
Commencement: 25 August 1956.
Section 2 — Application of the Act
Applies to:
Hindus
Buddhists
Jains
Sikhs
Does NOT apply to:
Muslims
Christians
Parsis
Jews
Case law:
M. Chandra v. M. Thangamuthu (2010)
— A person living as a Hindu is governed by Hindu law.
Section 3 — Definitions
Important definitions:
Minor = a person below 18 years (or 21 years in case of court-appointed guardian under GWA Act).
Guardian includes:
Natural guardian
Testamentary guardian
Court-appointed guardian
Any person having legal responsibility for the minor.
Case law:
Gita Hariharan v. RBI (1999)
— “After the father” includes situations where the father is alive but incapable; thus mother is also a natural guardian.
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Chapter II — Natural Guardians
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Section 4 — General definitions
(Refers to terms like ‘guardian’ used in the Act.)
Section 5 — Overriding effect of the Act
If any Hindu custom, usage, or other law conflicts with this Act, the HMGA overrides it.
Section 6 — Natural Guardians of a Hindu minor
Natural guardian of:
(a) A Hindu boy or unmarried girl
Order:
Father
Mother
—but father is not automatically preferred; welfare of the child is supreme.
(b) Illegitimate child
Mother
Then father
(c) Married girl
—She is not considered a minor after marriage.
Case laws: Gita Hariharan v. RBI (1999)
— Mother is an equal natural guardian, not secondary.
Jijabai Vithalrao Gajre v. Pathan Khan (1970)
— If father neglects, mother becomes natural guardian.
Section 7 — Natural guardianship of adopted son
The adoptive father or adoptive mother becomes natural guardian of the adopted boy.
Section 8 — Powers of natural guardian
Guardian can:
Manage minor’s property
Guardian cannot, without court’s permission:
Sell
Gift
Mortgage
Exchange
Lease (more than 5 years or beyond minority)
If guardian violates this:
The transfer is voidable at the minor’s option after attaining majority.
Case laws: Manik Chandra v. Ram Chandra (1981)
— A sale without court permission is voidable.
Rama Subbarayalu v. Rengammal
— Every act of guardian must promote minor’s welfare.
Section 9 — Testamentary guardians
A guardian appointed by a will.
Father can appoint a guardian for his minor legitimate children only if the mother is not alive.
Mother can appoint a guardian only after father’s death.
For illegitimate child, the mother can appoint a testamentary guardian.
Section 10 — Minor cannot act as guardian
A minor cannot be appointed as the guardian of another minor.
Section 11 — De-facto guardian not to deal with minor’s property
A person who is not legally a guardian (de-facto guardian) cannot sell, mortgage, or transfer minor’s property.
Such transactions are void.
Case law: Madhegowda v. Ankegowda (2002)
— Any transfer by a de-facto guardian is void.
Section 12 — Guardian not to be appointed for minor’s undivided interest in joint Hindu family property
Court will NOT appoint a guardian for a minor’s undivided share in joint family property.
The Karta manages it.
Case law: Smt. Sitabai v. Ramachandra (1970)
— Karta can manage minor’s interest unless he acts against welfare.
Section 13 — Welfare of minor to be the paramount consideration
This is the most important section.
Key rule:
Whenever appointing or removing a guardian, the ONLY guiding factor is: WELFARE OF THE CHILD
Not:
Father’s rights
Custom
Personal law
Case laws: Gaurav Nagpal v. Sumedha Nagpal (2009)
— Custody dispute: Welfare of child dominates parental rights.
Rosy Jacob v. Jacob A. Chakramakkal (1973)
— Welfare includes: emotional, moral, educational wellbeing.
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AMENDMENTS (Brief)
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Although the HMGA has not been substantially amended, these are relevant:
1. Gender equality interpretation (Judicial amendment)
After Gita Hariharan (1999), mother = father as natural guardian.
(This is judicial interpretation, not statutory amendment.)
2. Applicability to J&K (post–2019)
After abrogation of Article 370, the Act now applies to J&K.
3. Adoption-related reforms (JJ Act 2015–2020)
Some guardianship/adoption functions shifted to Juvenile Justice Act,
but HMGA itself remains mostly unchanged.
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Complete Section Summary (1–13)
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| Sec | Title | Explanation |
|---|---|---|
| 1 | Short title | Name, extent, commencement |
| 2 | Application | Applies to Hindus, Jains, Sikhs, Buddhists |
| 3 | Definitions | Minor, guardian etc. |
| 4 | Guardian definition | General definitions |
| 5 | Overriding effect | HMGA > custom |
| 6 | Natural guardians | Father → Mother; welfare primary |
| 7 | Adopted son | Adoptive parent is guardian |
| 8 | Powers of guardian | Need court permission for property dealings |
| 9 | Testamentary guardian | Guardian through will |
| 10 | Minor cannot be guardian | Self-explanatory |
| 11 | De-facto guardian | Cannot deal with minor’s property |
| 12 | Joint family property | No separate guardian; Karta manages |
| 13 | Welfare of child | Supreme consideration |
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