Thursday 14 December 2023

What are Kinds of guardians under Hindu Law?

 Under Hindu law, there are several kinds of guardians who are recognized to protect the interests of individuals who may not be capable of making their own decisions or protecting their rights. These guardians play different roles and have various responsibilities. The kinds of guardians under Hindu law include:

  • 1) Natural Guardian (Section 6 of the Hindu Minority and Guardianship Act, 1956): Natural guardians are the parents of a minor. The mother and father are recognized as the natural guardians of their minor children. The father is the primary natural guardian, but the mother is also a natural guardian in certain circumstances. The natural guardian has the duty to take care of the minor's person and property.

  • 2) Testamentary Guardian (Section 9 of the Hindu Minority and Guardianship Act, 1956): A testamentary guardian is appointed by the will of a minor's parent. The parent, in their will, can nominate a guardian for their minor child, subject to certain conditions and restrictions.

  • 3) Guardian Appointed by the Court (Section 7 of the Hindu Minority and Guardianship Act, 1956): The court can appoint a guardian for a minor in cases where the natural or testamentary guardian is unfit or unwilling to act as the guardian. The court-appointed guardian has the authority and responsibility to protect the minor's interests.

  • 4) De Facto Guardian: A de facto guardian is a person who takes on the responsibilities of a guardian without legal authority. This may happen in cases where a person assumes the role of a guardian due to necessity, but without a formal legal appointment. The de facto guardian's actions should be in the minor's best interest.

  • 5) Special Guardian: A special guardian is appointed by the court for specific purposes, often in cases of a minor's property or financial interests. The appointment of a special guardian is typically made for a limited duration and with specific objectives in mind.

  • 6) Guardian Ad Litem: A guardian ad litem is appointed by the court to represent the interests of a minor in a legal proceeding, especially when the minor is a party to a lawsuit. The guardian ad litem acts as the minor's legal representative to ensure that their rights are protected in the legal process.

  • 7) Guardian of a Person of the minor : This is a guardian appointed to take care of the person of the minor, including their physical well-being and daily needs.

  • 8) Guardian of Property of the minor : A guardian of property is appointed to manage and protect the minor's assets and financial interests.

These different kinds of guardians under Hindu law are designed to ensure the welfare and protection of minors and individuals who may not be able to make their own decisions or protect their rights.

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