Hindu minority and Guardianship act 1956

The act deals with the guardian of the minor

Guardian-

The person who takes care of the minor 

1. Natural guardian

2. Guardian appointed by the will of father or mother

3. Appointed by court

Natural guardian

Natural guardian of the minor boy or unmarried girl would be father then mother

In case of child under 5 years mother would be natural guardian

Testamentary guardian

The father by will may appoint a guardian when mother is alive

But the mother would be the guardian she can appoint a guardian when she dies the fathers appointed guardian would revive.

De facto guardian 

When there is no one to take care relations may take care of the minor but it is abolished under the act.

Powers of the guardian

The guardian can alienate the property any sale, transfer , mortgage with the approval of courts

Lease can be made for 5 years and 1 year after the minor attaining majority 

The agreement made in case of minor is void able and specific enforcement can’t be made unless it is proved that it is made for necessity.

Power do karta to alienate property

Karta being the manager of coparcenary property , even though the minor has a undivided share can alienate without the permission of the court 

Rule in hanuman Prasad case

The widowed mother did  a usfructury mortgage on the minors property 

The minor sued to set aside the mortgage 

1.the council applied the principles that the mortgage would be valid

If it is for necessity

the lender should make necessities before giving the loan

Otherwise it would be voidable.

Parents conversion

Certain cases where the Christian mother converted to islam 

Minor daughter was ready to convert to Islam

But a relation of her father filed a petition for removal of guardianship 

The minor because of age could not take a decision and was decided to be a under Christian guardian appointed by court.

Illegitimate children and mothers remarriage 

Mother would be guardian 

Case law 

V.Meenapushpa v Ananthan Jayakumar 

The custody of the children were handed over to the grand parents as they were willing and intelligent enough to decide and not with the father.

Comments

Post a Comment

Popular posts from this blog

Administration of justice

Administration of justice Types of punishment  Deterrent   This is more of a punishment to create fear among the wrong doers. Preventive Death sentence may put the criminals see that hanging is cruel so that the same offence is not committed  Reformative The prison is more of a reformative one includes  Capital punishment  Solitary confinement  Imprisonment  Fine  Retributive   This is more of a revenge eye for and eye , tooth for a tooth, Or a limb for the person who suffered 
Read more

Indian Christian succession

 The Indian succession act covers the intestate  of Indians and non Indian Christians Male intestate  1. If there are lineal descendants the widow takes 1/3  2. If there are ascendants the widows takes 1/2 3 lineal descendants- takes 2/3 if there s widow  4 mother - 1/2 if there is widow  5father - 1/2 if ther is a widow  6 brother sister and their children   7. Distant kindred  Female intestate the same as male If she s a non Indian Christian then  5000+ usual calculations 
Read more

Procedural law and substantive law

Substantive law Deals with rights and the punishments  Procedural law the law that deals with duties and procedures to be used by the courts for the administration of justice When there is a infringement of rights courts need to provide remedy. Procedural law are  summons,pleading,proof,judgement and excecution Summons- informs the concerned persons about the case Pleading - trial in the courts based of facts and evidence Judgement - judges decide the case based on the evidence and circumstances of the facts and argument Excecution - the judgment of enforced when not properly obeyed . Evidence- Judicial - The evidence which the court accepts as proof like the document of sale . and extrajudicial- Testimony of a person which could be done by taking a oath in the court outside the court. Which could be false or real evidence Most cases testimonial evidenced are not considered to be actual evidences ,because the rich may win the case based on false evidences. Direct and circumsta...
Read more