Natural guardian
Also called: Natural guardian of a Hindu minor
Under Section 4(c) of the Hindu Minority and Guardianship Act, 1956, any of the guardians named in Section 6: the father, then the mother; the mother for illegitimate children; the husband for a married girl.
Explained
Section 4(c) of the Hindu Minority and Guardianship Act, 1956 defines natural guardian as any of the guardians mentioned in Section 6. Section 6 names the natural guardians of a Hindu minor in respect of both person and property, excluding the minor's undivided interest in joint family property. For a boy or unmarried girl, the father, and after him the mother, though custody of a child under five years shall ordinarily be with the mother. For an illegitimate boy or illegitimate unmarried girl, the mother, and after her the father. For a married girl, the husband.
The proviso disqualifies a person who has ceased to be a Hindu or who has completely and finally renounced the world as a hermit or ascetic. Step-parents are not natural guardians. On adoption, natural guardianship of an adopted son passes to the adoptive father and after him the adoptive mother (Section 7). The Supreme Court has read the word after in Section 6(a) as in the absence of, so the mother can act as natural guardian while the father is alive when he is not looking after the minor.
Section 8 sets out powers. The natural guardian may do all acts necessary or reasonable and proper for the benefit of the minor or the minor's estate, but can never bind the minor by a personal covenant. Without the previous permission of the court he cannot mortgage, charge, sell, gift or exchange the minor's immovable property, or lease it for more than five years or for more than one year beyond the minor's majority. A disposal in breach is voidable at the instance of the minor or a person claiming under him, and permission is given only for necessity or evident advantage to the minor.
Distinguish the de facto guardian, who under Section 11 cannot deal with the minor's property at all. In every appointment by a court, the welfare of the minor is the paramount consideration (Section 13).
What the law says
(c) “natural guardian” means any of the guardians mentioned in section 6.
Clause (c) defines natural guardian by reference to Section 6
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;
Names the natural guardians and the disqualifications
The natural guardianship of an adopted son who is a minor passes, on adoption, to the adoptive father and after him to the adoptive mother.
Natural guardianship of an adopted son
(1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor’s estate; but the guardian can in no case bind the minor by a personal covenant.
(2) The natural guardian shall not, without the previous permission of the court,—
(a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor; or
Powers of the natural guardian over the minor's property
After the commencement of this Act, no person shall be entitled to dispose of, or deal with, the property of a Hindu minor merely on the ground of his or her being the de facto guardian of the minor.
De facto guardian cannot deal with the minor's property
(1) In the appointment of declaration of any person as guardian of a Hindu minor by a court, the welfare of the minor shall be the paramount consideration.
(2) No person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law relating to guardianship in marriage among Hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor.
Welfare of the minor is the paramount consideration
Example
For example, if a father, as natural guardian, sells his minor son's house without the court's permission, the son may avoid the sale under Section 8(3) after attaining majority.
For the exam
- Section 6 HMGA: father then mother; mother then father for illegitimate child; husband for married girl.
- Custody of a child under five is ordinarily with the mother.
- Disqualified: one who has ceased to be a Hindu or renounced the world; step-parents excluded.
- Alienation or long lease of the minor's immovable property needs prior court permission (Section 8(2)).
- Breach of Section 8 makes the transfer voidable at the minor's instance, not void.
72 questions in the Law Maker question bank use this term. Practise Hindu Law questions
Judgments
Related terms
- GuardianA person having the care of the person of a minor, or of his property, or of both. Defined in Section 4(b) of the HMGA and Section 4(2) of the Guardians and Wards Act.
- MinorA person who has not attained majority, which in India is ordinarily the completion of eighteen years. A minor cannot contract, and his agreement is void.
- AdoptionThe process by which a child is permanently separated from the biological parents and becomes the lawful child of the adoptive parents. Section 2(2), JJ Act; for Hindus, the HAMA, 1956.
- MaintenanceProvision for food, clothing, residence, education and medical attendance, and for an unmarried daughter her marriage expenses (Section 3(b) HAMA). Claimable under personal law and under Section 144 BNSS.
- Voidable contractAn agreement enforceable by law at the option of one or more of the parties but not at the option of the other or others. Section 2(i) of the Indian Contract Act, 1872.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.