Indian Succession Act
pratik
(Querist) 24 May 2009
This query is : Resolved
1.) In which Act or Law or Rule or Section it is said that a minor child should be with the mother it the age 5 or till 5 years is it right or wrong.
2.)As Per Indian Succession Act what are the rules the son, daughter, mother & father should follow in the family.
A V Vishal
(Expert) 24 May 2009
What are the facts of the case. What rules are you referring? Please be specific in your query, don't ask vague questions.
Kamlesh soni
(Expert) 25 May 2009
Please be specific in your query,
tamilarasibabu
(Expert) 25 May 2009
1. Under Section 26 of the Hindu marriage Act the custody of the minor child below 5 years is described.
2.There are various methods adopted by the courts in deciding the custody of the child below 5 years, the normal procedure followed is invaribly mother gets the custody if the child is below 5 years, in certain cases court has ample powers to deviate the normal procedure and decide the custody of the minor child taking into consideration of the facts and circumstances.
3. Under Indian Succession Act the distribution of properties among legal heirs are described , To your query what rules son, daughter, mother ,father to be followed emerge in that Act, Under maintenace Act Section 125 Cr.P.C U r queries have some replies.
SANJAY DIXIT
(Expert) 28 May 2009
Dear Pratik,
Here it is;
Section 6 (a) of the Hindu Minority and Guardianship Act.
Hindu Minority and Guardianship Act:--
S. 6. Natural guardians of a Hindu minor- The natural guardians of a Hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are -
(a) in the case of a boy or an unmarried girl-the father, and after him, the mother;
Provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;
(b) in the case of an illegitimate boy or an illegitimate unmarried girl-the mother, and after her, the father;
(c) in the case of a married girl-the husband;
Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section-
(a) if he has ceased to be a Hindu, or
(b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi).
Explanation- In this section, the expressions 'father' and 'mother' do not include a step-father and a step-mother.
