Concept of Minority under Hindu Law
Under Hindu Law, the concept of minority refers to a person who has not yet attained the age of 18 years. The age of majority is defined as 18 years under the Indian Majority Act, 1875. However, the Hindu Minority and Guardianship Act, 1956, provides certain exceptions to this rule.
The Act provides that a person who is a minor under the age of 18 years can be deemed to have attained majority if he or she is married. The Act states that if a minor is married, he or she shall be deemed to have attained majority for all purposes concerning the management of his or her property.
Another exception to the age of majority rule is the concept of ’emancipation’. Emancipation refers to the legal process by which a minor is freed from the control of his or her parents or guardians and is considered to be an adult. Emancipation can be achieved by the minor through marriage, adoption or by obtaining a court order.
In matters of property, a minor has the same rights as an adult. However, a minor cannot enter into a contract or dispose of his or her property without the consent of his or her guardian. The guardian is appointed by law and has the legal authority to act on behalf of the minor.
Concept of Guardianship under Hindu Law
The concept of guardianship under Hindu Law refers to the legal relationship that exists between a guardian and a minor. A guardian is a person who is appointed by law to take care of the person and property of a minor. The concept of guardianship is based on the principle that a minor cannot take care of himself or herself and needs someone to protect his or her interests.
The Hindu Minority and Guardianship Act, 1956, provides for the appointment of guardians for minors.
The Act provides for Two Types of Guardians
Natural guardianship arises by operation of law and is determined based on the child’s religion and gender. For example, under Hindu Law, the father is the natural guardian of an unmarried Hindu minor son, and after him, the mother is the natural guardian. In the case of an unmarried Hindu minor daughter, the father is the natural guardian, and after him, the mother is the natural guardian.
Testamentary guardians are appointed by the parents of a minor through a will. The testamentary guardianship can be appointed by both parents jointly or by one of them alone. The appointment of a testamentary guardian comes into effect only after the death of both the parents.
The Act also provides for the appointment of guardians by the court. The court can appoint a guardian for a minor if the minor has no natural or testamentary guardian, or if the appointed guardian is not acting in the best interests of the minor.
The guardian is responsible for the maintenance and education of the minor and has the legal authority to act on behalf of the minor. The guardian has a duty to act in the best interests of the minor and to manage his or her property prudently. The guardian cannot dispose of the minor’s property without the permission of the court.
