Natural Guardian By: RACHITA MATHUR

Abstract:

Minor is defined under Section 4(a) as it means who has not completed the age of 18 years. According to Section 4(b), it is also defined that a guardian means a person who has completed the age of 18 and he is taking proper care of a minor and his property and as well as his own.

Introduction:

Natural Guardian

According to Section 4(c) of the Act, the natural guardian assigns to the father and mother of the minor. For a minor wife, his husband is the guardian. As per Section 6 of the Act there are futher three types of natural guardian:

Father– A father is the natural guardian of a boy or unmarried girl, the father is the first guardian and the mother is the next guardian of the minor. It is given in the Act that only up to 5 years the mother is the natural guardian of the child.

Case Law:

Essakkayal nadder V. Sreedharan Babu

In this case, the mother of the minor died and the father was also not living with the child, but the child was alive. The child was not declared to be a Hindu or renounced the world and he was also not declared unfit. These facts do not authorize that any other person adopts the child and be the natural guardian and transfer the property.

Mother– The mother is the first guardian of a minor illegitimate child, even if the father exists.

Case Law:

Jajabhai V. Pathakhan

In this case, the mother and father got separated for some reason and the minor daughter stayed under the guardianship of the mother. Here, it will be determined that the mother is the natural guardian of the minor girl.

Husband– For a minor wife his husband is the natural guardian. As per this section it is given that no person will be designated to perform like the natural guardian of a minor under this portion, which is in the following:

  1. If he/she ceased to be a Hindu.
  2. If he/she has completely renounced the world that they are becoming an ascetic .

Powers of Natural guardian:

According to Section 8 of the Act the natural guardian of a Hindu minor has the power to do all work, which are compulsory and which are beneficial for the minor’s interest. Protection of minor’s condition.

  1. It is the duty of natural guardian to bring the prior permission from the Court, for the use of the gift transferred to him, mortgage or any other valuable things of the minor.
  2. For the lease of any part of minor’s property for about exceeding 5 years or for a term of extending one year beyond the date on which the minor attains the majority. The prior permission from the Court is needed for doing so.
  3. Violation of any disposal of the immovable property by a natural guardian, it will be voidable at the case of the minor or any other person claiming on the behalf of him.
  4. No Court shall grant permission to the natural guardian to do any act which is not in the interest of the minor.
  5. The Guardians and Wards Act, 1890 shall apply for the application for getting the permission of the Court if the application is for getting the permission of the Court under Section 29 of that Act on the following grounds:
  • The natural guardian requires permission from the District Court or under the Court which empowered by the Guardians and Wards Act, 1890.
  • He should submit the application to the Court within the local limits of whose jurisdiction, portion of the property of minor is placed.
  • When the Court rejects the permission to the natural guardian to do any acts of property transfer and this remedy is usually the result of this Court decision. An appeal would be declined.

 

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