Section 6: Natural guardians of a Hindu minor

The Hindu Minority and Guardianship Act, 1956

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;

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.

Leading cases

Githa Hariharan v. Reserve Bank of India (1999)The Court read the word 'after' in Section 6(a) of the Hindu Minority and Guardianship Act, 1956 as 'in the absence of', so that a mother can act as natural guardian during the father's lifetime, and upheld the provision.

Questions on this section

6 questions in 15 of our papers cite Section 6. Try these from the free papers:

1. Consider the following statements under Section 6 of the Hindu Minority and Guardianship Act, 1956: 1. A person who has ceased to be a Hindu is not entitled to act as the natural guardian of a Hindu minor. 2. The expression 'father' in Section 6 does not include a step-father. 3. The natural guardian of a married minor girl is her father. Which of the statements given above is/are correct?
2. Under the proviso to Section 6(a) of the Hindu Minority and Guardianship Act, 1956, the custody of a minor who has not completed the age of five years shall ordinarily be with the:
3. The natural guardians named in Section 6 of the Hindu Minority and Guardianship Act, 1956 act in respect of the minor's person and the minor's property, excluding the minor's:

Practise questions on Hindu Law