The Hindu Minority and Guardianship Act, 1956

{
    "id": 11937,
    "slug": "hindu-minority-and-guardianship-act-1956",
    "title": "The Hindu Minority and Guardianship Act, 1956",
    "short_title": "The Hindu Minority and Guardianship Act, 1956",
    "act_number": "(32 of 1956)",
    "act_year": 1956,
    "act_type": "CENTRAL",
    "location": "India (Central)",
    "law_status": "unknown",
    "enactment_date": "2026-08-25",
    "description": "The Hindu Minority and Guardianship Act, 1956",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and extent",
            "chapter": null,
            "content": "Object & Reasons▼\nStatement of Objects and Reasons.\n(1) natural guardians,\n(2) testamentary guardians, and\n(3) guardians appointed under the Guardians and Wards Act, 1890,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Act to be supplemental to Act VIII of 1890",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Application of Act",
            "chapter": null,
            "content": "(a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj,\n(b) to any person who is a Buddhist, Jaina or Sikh by religion, and\n(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu Law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.\nExplanation\n(i) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;\n(ii) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; and\n(iii) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Definitions",
            "chapter": null,
            "content": "(a) minor means a person who has not completed the age of eighteen years;\n(b) guardian means a person having the care of the person of a minor or of his property or of both his person and property, and includes\n(i) a natural guardian,\n(ii) a guardian appointed by the Will of the minors father or mother,\n(iii) a guardian appointed or declared by a Court, and\n(iv) a person empowered to act as such by or under any enactment relating to any Court of Wards;\n(c) natural guardian means any of the guardians mentioned in section 6.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Overriding effect of Act",
            "chapter": null,
            "content": "(a) any text, rule or interpretation of Hindu Law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act;\n(b) any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Natural guardians of a Hindu minor",
            "chapter": null,
            "content": "(a) in the case of a boy or an unmarried girl the father, and after him, the mother;\nprovided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;\n(b) in the case of an illegitimate boy or an illegitimate unmarried girl the mother, and after her, the father;\n(c) in the case of a married girl the husband:\n(a) if he has ceased to be a Hindu, or\n(b) if he has completely and finally renounced the world becoming a hermit ( vanaprastha ) or an ascetic ( yati or sanyasi ).\nExplanation",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Natural guardianship of adopted son",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Powers of natural guardian",
            "chapter": null,
            "content": "(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor; or\n(b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.\n(a) proceedings in connection with the application shall be deemed to be proceedings under that Act within the meaning of section 4-A thereof;\n(b) the Court shall observe the procedure and have the powers specified in sub-sections (2), (3) and (4) of section 31 of that Act; and\n(c) an appeal shall lie from an order of the Court refusing permission to the natural guardian to do any of the acts mentioned in sub-section (2) of this section to the Court to which appeals ordinarily lie from the decisions of that Court.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Testamentary guardians and their powers",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Incapacity of minor to act as guardian of property",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. De facto guardian not to deal with minors property",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Guardian not to be appointed for minors undivided interest in joint family property",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Welfare of minor to be paramount consideration",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        }
    ],
    "metadata": {
        "Act ID": "038 [25th August, 1956]",
        "Act Number": "(32 of 1956)",
        "Enactment Date": "25th August, 1956",
        "Act Year": "1956",
        "Short Title": "The Hindu Minority and Guardianship Act, 1956",
        "Type": "CENTRAL",
        "Location": "India (Central)"
    },
    "updated_at": "2026-09-29 21:51:52"
}