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In short: The Hindu Minority and Guardianship Act, 1956 (Act No. 32 of 1956) covers who is the natural guardian of a Hindu minor, the guardian’s powers over the minor’s property, and the rule that the child’s welfare comes first. It came into force on 25 August 1956 and works alongside the Guardians and Wards Act, 1890. It has 13 section entries, listed below with a plain-English summary of each. Part of our Law Library.
हिंदी में: हिन्दू अप्राप्तवयता और संरक्षकता अधिनियम, 1956 की सभी धाराएँ नीचे सरल भाषा में दी गई हैं।
All sections of the Hindu Minority and Guardianship Act, 1956
| Section | Title | What it covers |
|---|---|---|
| 1 | Short title and extent | Name of the Act and its extent. |
| 2 | Act to be supplemental to Act 8 of 1890 | The Act adds to, and does not replace, the Guardians and Wards Act, 1890. |
| 3 | Application of Act | Applies to Hindus, Buddhists, Jains and Sikhs, and others who are not Muslims, Christians, Parsis or Jews. |
| 4 | Definitions | Defines minor (below eighteen), guardian and natural guardian. |
| 5 | Over-riding effect of Act | The Act overrides earlier Hindu law and customs on minority and guardianship. |
| 6 | Natural guardians of a Hindu minor | Father, and after him the mother, is natural guardian of a boy or unmarried girl; custody of a child under five is ordinarily with the mother. |
| 7 | Natural guardianship of adopted son | Guardianship of an adopted minor son passes to the adoptive father and then the adoptive mother. |
| 8 | Powers of natural guardian | A natural guardian may act for the minor’s benefit but needs court permission to sell, mortgage or lease the minor’s immovable property. |
| 9 | Testamentary guardians and their powers | A parent may appoint a guardian for the child by will. |
| 10 | Incapacity of minor to act as guardian of property | A minor cannot be guardian of another minor’s property. |
| 11 | De facto guardian not to deal with minor’s property | A person merely looking after a minor cannot deal with the minor’s property. |
| 12 | Guardian not to be appointed for minor’s undivided interest in joint family property | No guardian is appointed for a minor’s undivided share in joint family property managed by an adult member. |
| 13 | Welfare of minor to be paramount consideration | In appointing a guardian, the welfare of the minor is the paramount consideration. |
Need help with a case under this Act? See Child custody in Ghaziabad, Child custody in Delhi, or book a consultation. Back to the Law Library.
Prepared by Adv. Mridul Jindal, Law Chambers of Mridul Jindal, Indirapuram, Ghaziabad. Last updated 11 November 2026. Summaries are in plain English for general information and are not the text of the law or legal advice; always read the official text on India Code. Disclaimer.
