'Natural Guardian' Under Hindu Minority & Guardianship Act Can Act As 'Manager' Of Joint Family Properties For Herself & Minors: Bombay High Court
3 weeks ago

'Natural Guardian' Under Hindu Minority & Guardianship Act Can Act As 'Manager' Of Joint Family Properties For Herself & Minors: Bombay High Court

Live Law  

The Aurangabad bench of the Bombay High Court recently held that a natural guardian being the eldest member of a Hindu joint family can exercise powers to deal with the rights of the minors in the joint family, keeping in mind the aspect of legal necessity and benefit of the minor.Single-judge Justice Santosh Chapalgaonkar quashed and set aside the December 1, 2023 order passed by District. The Aurangabad bench of the Bombay High Court recently held that a natural guardian being the eldest member of a Hindu joint family can exercise powers to deal with the rights of the minors in the joint family, keeping in mind the aspect of legal necessity and benefit of the minor. "Harmonious reading of the provision, in the backdrop of preamble of Act would show restrictions imposed by Section 8 cannot be applied to fluctuating interest of minors in undivided share in joint family property. Therefore, natural guardian being eldest member of joint family, in-charge of property, can exercise powers to deal with minors in joint family property keeping in mind aspect of legal necessity, interest and benefit of minor.

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History of this topic

Order 32 CPC | 'Next Friend' Of Minor Need Not Necessarily Be A Guardian U/S 4(b) Of Hindu Minority & Guardianship Act: Orissa High Court
1 month, 2 weeks ago

Order 32 CPC | 'Next Friend' Of Minor Need Not Necessarily Be A Guardian U/S 4(b) Of Hindu Minority & Guardianship Act: Orissa High Court

Live Law  

The Orissa High Court has held that the 'next friend', as provided under Order XXXII of the Code of Civil Procedure, need not necessarily be a 'duly appointed guardian' as defined under Section 4 of the Hindu Minority and Guardianship Act, 1956. Elucidating the position of law as to eligibility for appointment as 'next friend', the Single Bench of Justice …

Supreme Court Upholds Natural Guardian's Right to Custody Of Child
7 months ago

Supreme Court Upholds Natural Guardian's Right to Custody Of Child

Live Law  

While granting custody of a minor daughter to her father, the Supreme Court observed that granting temporary custody of a minor child to a relative would not preclude the natural guardian from seeking custody of a minor child.After the unfortunate death of a minor's mother during COVID-19, the father had asked her sisters-in-law to take care of her minor daughter …

'Can't Be Left To Oppressor's Mercy': P&H High Court Allows Minor Rape Victim To Give Child In Adoption, Says Consent Of Biological Father Inconsequential
1 year, 1 month ago

'Can't Be Left To Oppressor's Mercy': P&H High Court Allows Minor Rape Victim To Give Child In Adoption, Says Consent Of Biological Father Inconsequential

Live Law  

Observing that mother being a "natural guardian of the illegitimate minor girl child cannot be left to the mercy of her oppressor," the Punjab & Haryana High Court has allowed the then 13 years old rape victim to give the child in adoption without the concurrence from the biological father.The dispute occurred when the registrar refused to register the adoption …

Parent Seeking Custody Should Have Attachment With Minor Child, Natural Guardianship Not Sole Criterion: Chhattisgarh High Court
2 years, 2 months ago

Parent Seeking Custody Should Have Attachment With Minor Child, Natural Guardianship Not Sole Criterion: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has recently observed that merely because the father is the natural guardian of his minor son, the issue of custody cannot automatically be decided in his favour.A Division Bench of Justice Goutam Bhaduri and Justice Radhakishan Agrawal reiterated that the welfare of the child is what takes precedence in such matters and that parents should have …

Muslim mother cannot be a guardian of minor children, rules Kerala HC
2 years, 8 months ago

Muslim mother cannot be a guardian of minor children, rules Kerala HC

New Indian Express  

KOCHI: A division bench of the Kerala High Court has observed that it cannot hold a Muslim woman can be the guardian of her minor child's property since it is bound by the precedents of the Supreme Court. Sudha observed that even though the personal law which prevents Muslim women from being guardians can be argued to be violative of …

In your Will, add a guardian for minor children
3 years, 10 months ago

In your Will, add a guardian for minor children

Live Mint  

A disturbing trend from the second wave of covid is the increasing number of orphaned and vulnerable minor children across India. However, a guardian may be appointed under the Will of the last surviving parent and in the absence of the same, by a court’s order. The court, when deciding who to appoint as the guardian, takes into consideration various …

Parents Not Grand Parents Are Best Guardians Of A Minor : Karnataka HC [Read Judgment]
5 years, 8 months ago

Parents Not Grand Parents Are Best Guardians Of A Minor : Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has said that "Parents rather than the grand parents are the best guardians of a minor child." A division bench of Justice B V Nagarathna and Justice K Natarajan in their order of July 3, said "Howsoever affectionate the maternal grand-parents may be and they may take every care to bring up the child, the same …

Father is natural guardian of child above 5 years
6 years, 5 months ago

Father is natural guardian of child above 5 years

Live Mint  

My son has two minor children. As per Section 30 of the Hindu Succession Act, 1956, a Hindu may dispose of by Will or other testamentary disposition, any property which is capable of being disposed of by him/her, in accordance with the provisions of the Indian Succession Act, 1925 or any other law for the time being in force applicable …

Can A Minor Child Choose To Stay With Someone Else Against Will Of Its Guardian? SC Expresses Its Reservation About Gujarat HC Observations [Read Order]
6 years, 9 months ago

Can A Minor Child Choose To Stay With Someone Else Against Will Of Its Guardian? SC Expresses Its Reservation About Gujarat HC Observations [Read Order]

Live Law  

The Supreme Court has expressed its reservation about some observations made by the Gujarat High Court with regard to choice of a minor child to stay with someone else other than its guardian, though it did not interfere with the order.A bench of Justice AK Sikri and Justice Ashok Bhushan said it is dismissing the Special Leave Petition as it …

Kerala HC Allows Muslim Father to Alienate Immovable Property of Daughter
7 years, 4 months ago

Kerala HC Allows Muslim Father to Alienate Immovable Property of Daughter

Live Law  

A Kerala High Court ruling has ruled that a Muslim father can act as the legal guardian of his minor daughter so as to alienate immovable property. The ruling was given by dismissing the appeal suit of a Muslim daughter who had sought for partition of property, ignoring the alienation effected by her father in capacity of her legal guardian.

Muslim Father Can Act As Legal Guardian Of Minor Daughter To Alienate Immovable Property: Kerala HC [Read Judgment]
7 years, 4 months ago

Muslim Father Can Act As Legal Guardian Of Minor Daughter To Alienate Immovable Property: Kerala HC [Read Judgment]

Live Law  

Referring to tenets of Muhammedan law, the Kerala High Court has ruled that Muslim father can act as the legal guardian of his minor daughter so as to alienate immovable property. The ruling was given by dismissing the appeal suit of a Muslim daughter who had sought for partition of property, ignoring the alienation effected by her father in capacity …

Govt panel mulls whether to make mothers natural guardians
7 years, 7 months ago

Govt panel mulls whether to make mothers natural guardians

Live Mint  

New Delhi: An expert committee on non-resident Indian marriages constituted by the ministry of external affairs has received a suggestion to make mothers, instead of fathers, the natural guardians of a child. The suggestion is part of several ideas that the ministry of Women and Child Development has received from various stakeholders and shared with the committee as part of …

Muslim Mother Can Act As Legal Guardian Of Minor Kid’s Gifted Properties: Madras HC [Read Judgment]
8 years, 2 months ago

Muslim Mother Can Act As Legal Guardian Of Minor Kid’s Gifted Properties: Madras HC [Read Judgment]

Live Law  

The Madras High Court has held that although the principles of Mohammedan law do not expressly confer the right of guardianship to women, mothers can act as legal guardians of properties gifted to their minor children and the acceptance of properties by them would be held as legally valid under specific circumstances.Clarifying the position of Mohammedan law on the issue, …

10-yr-old awaits benefits after father’s death, mother asked to appoint herself as guardian
8 years, 5 months ago

10-yr-old awaits benefits after father’s death, mother asked to appoint herself as guardian

Hindustan Times  

A 10-year-old girl, whose father died in January 2015, still awaits family pension and other such benefits offered to a legal heir of a deceased employee by Punjab government. “Let superintendent grade-1, office of financial commissioner, Punjab civil secretariat, Chandigarh appear in person before the court on the next date of hearing to explain how he could insist on production …

Unwed mother can be sole guardian: Supreme Court
9 years, 8 months ago

Unwed mother can be sole guardian: Supreme Court

The Hindu  

Upholding the right of an unwed mother to apply for sole guardianship over her minor son without prior consent of the child’s absentee biological father, the Supreme Court on Monday said women are increasingly choosing to raise their children alone, and there was no need to thrust an uncaring father on a child. The young mother, whom the apex court …

Law Commission of India vouches for both mother and father to be regarded as natural guardians in its 257th Report
9 years, 9 months ago

Law Commission of India vouches for both mother and father to be regarded as natural guardians in its 257th Report

Live Law  

Law Commission of India has released its latest Report on “Reforms in Guardianship and Custody Laws in India”. The report highlights the study conducted by LCI into the issue of adopting ‘shared parenting system’ in India.Earlier in November, 2014, the Commission had issued a Consultation Paper, analyzing shared parentage systems across the world and reviewing the existing law in. The …

Father is the natural guardian of a child in the absence of the mother, rules the Bombay High Court
11 years ago

Father is the natural guardian of a child in the absence of the mother, rules the Bombay High Court

Live Law  

The Bombay High Court has granted custody of a boy child to his father holding that a father is the natural guardian of his child.A Bench comprising Justices P V Hardas and A S Gadkari was hearing a Writ Petition filed by Amol Pawar, seeking custody of his two and a half year son who was being looked after by …

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