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
| Type | Who is Appointed / Recognized? | Governing Law |
|---|---|---|
| Natural Guardian | Father, Mother, Husband (minor wife) | Hindu Minority and Guardianship Act, 1956 |
| Testamentary Guardian | Appointed through a Will by a natural guardian | Same as above |
| Guardian Appointed by Court | Appointed under Guardian and Wards Act, 1890 | Court-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 Type | Person | Priority / Notes |
|---|---|---|
| Natural Guardian | Father, then Mother | Legitimate children |
| Natural Guardian | Mother | Illegitimate children |
| Testamentary Guardian | Appointed via Will | After death of natural guardian |
| Minor Wife’s Guardian | Husband (mostly obsolete) | Rarely applied today |
RELATED Blog
0 comments