De Jure Guardians under Hindu Law

👨‍⚖️ De Jure Guardians under Hindu Law

✅ Meaning of De Jure Guardian

A De Jure Guardian is a legal guardian recognized by law, not just someone who cares for a child.

The term “De Jure” means “by law”.

De Jure Guardians have legal authority over the person and/or property of a minor under Hindu law.

📘 Sources of Hindu Guardianship Law

Hindu Minority and Guardianship Act, 1956 (HMGA)

Guardian and Wards Act, 1890

Customary Hindu Law (in limited contexts)

👪 Who are the De Jure Guardians?

According to the Hindu Minority and Guardianship Act, 1956, the following are natural/legal guardians (i.e., De Jure Guardians):

1. Father

Primary natural guardian of a minor legitimate child (boy or unmarried girl).

Has the first right unless found unfit by the court.

2. Mother

Comes after the father as natural guardian of a legitimate child.

However, for illegitimate children, the mother is the primary guardian.

3. Husband

In case of a minor wife, the husband is considered the guardian.

This is largely redundant after the legal age for marriage was increased.

👧 Guardianship of Minor’s Property

The natural guardian also has authority over the minor’s property, but:

Cannot sell, mortgage, or gift the property without prior permission from the court.

This ensures protection of minor’s assets.

🧑‍⚖️ Types of De Jure Guardians

TypeWho is Appointed / Recognized?Governing Law
Natural GuardianFather, Mother, Husband (minor wife)Hindu Minority and Guardianship Act, 1956
Testamentary GuardianAppointed through a Will by a natural guardianSame as above
Guardian Appointed by CourtAppointed under Guardian and Wards Act, 1890Court-appointed (not De Jure, technically)

📌 Note: Only natural and testamentary guardians are considered De Jure guardians. Court-appointed guardians are De Facto (by fact), not De Jure.

🔒 Restrictions on De Jure Guardians

Cannot act against the interest of the minor.

Cannot alienate immovable property without court approval.

Must act in good faith and with care.

🔍 Important Case Laws

Githa Hariharan v. Reserve Bank of India (1999):
Supreme Court held that mother can be natural guardian even during father's lifetime if father is not taking responsibility.

Man Singh v. Ram Kala (2010):
Reinforced that a natural guardian’s powers over property are limited and regulated by court.

📝 Summary Table

Guardian TypePersonPriority / Notes
Natural GuardianFather, then MotherLegitimate children
Natural GuardianMotherIllegitimate children
Testamentary GuardianAppointed via WillAfter death of natural guardian
Minor Wife’s GuardianHusband (mostly obsolete)Rarely applied today

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