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Gopal Krishna Behera (Advocate Orissa High Court Cuttack.)     29 June 2009

Natural Gurdian of an Unmarried Girl

Under the Hindu Minority and guardianship Act, who is the natural guardian of an unmarried girl?


 6 Replies

Gopal Krishna Behera (Advocate Orissa High Court Cuttack.)     29 June 2009

Ans - 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, as per Clause (a) of Section 6 of the Act.

Rajesh Kumar (Advocate)     29 June 2009

Gopal is very correct. In case of child below 5 years, custody may be there with mother. However, custody and guardianship are two different things. Even when custody is given to mother, how the child will be raised, where will he/she study, how will be he raised religiously etc. are natural rights of the guardian to be decided.

a.manoharan (Advocate 94431 45884 advocatemanoharan@gmail.com)     29 June 2009

I hope that both of you are  wrong . Because, if father died intestate , can mother alienate the property as if Natural Guardian of father. Please , all Experts discuss this matter. There is ruling as per  Karnataka H.C. on 1992 or 1993

Rajesh Kumar (Advocate)     30 June 2009

Well Manoharan- only a living person can be a guardian. When the father has died- obviously some other person will be a guardian.

V.S.R.Deekshitulu (B.Sc, B.L)     04 July 2009

Mr Behera

Sec.6(1) of the Act says" In the case of a boy or an unmarried girl-thefather and after him the mother.

Here after means "when he is no more or incapable of being the guardina for some other valid reason"

In case of the self acquired property of a minor" no body can sell the property, without prior permission of court

In case of coparcenary property i.e joint family property the guardian can dispose of the property for a valid reason such as necessities of family, education or development of the minor or for the advantage of the minor or for discharging the moral debts of the family.

That is why we speak of Defacto guardian and Dejurue guardian

I hope the issue is clear

Aftab4u (PVT EMPLOYEE)     08 October 2009

Dear Sirs,

Pls help me out.... My mother was a State govt employee and she expired 5 months back leaving me and my 2 sisters as legal heirs. 1 is already married ans 2nd sister age-29 years is mentally retarded patient , i have lost my father 10 years back. sir when i approached the office they told me to get the guardianship certificate from the court of law to sanction the family pension to my sister.Pls suggest me what are the documents we need to produce to get the guardianship letter from the honble court and how much time it will take to get the certificate and can we approach directly to the court or do we need to hire one lawyer for the same.

Thanks a ton in advance


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