natural guardian of minors can alienate even
the share of the minors in the property being Kartaa of the Joint
Hindu Family.
6. There ... guardians of
a Hindu minor, in respect of the minor's person as well as in respect of the
minor's property (excluding
High court has overlooked the
mandate of Section 8 of the Hindu Minority and
6
Guardianship Act, 1956 . It is contended that Shri
Chandran ... minor or for the realisation, protection or
benefit of the minor’s estate; but the guardian
can in no case bind the minor
appropriate forum is only under the provisions of Family Courts Act, Hindu Minority and Guardianship Act , or under the provisions of the Guardians and Wards ... guardians of a Hindu minor; in respect of the minor's person as well as in respect of the minor's property (excluding
This Court considered the provisions of Section 6-a of the Hindu Minority and Guardianship Act, 1956, wherein it is provided that natural guardian ... Hindu, minor, in respect of minor's persons as well as in respect of minor's property (excluding his or her undivided interest
alienations are only voidable by referring to the provisions of Hindu
Minority and Guardianship Act, 1956 , ignoring the fact that the said ... confused himself by
passing orders relying upon the provisions of Hindu Minority and
Guardianship Act, 1956 , which was not even in existence in 1948, when
properties. He further stated
that in view of Section 8 of Hindu Minority and Guardianship
Act, defendant No.1 was the natural guardian ... minor-plaintiff No.2, in contravention of Section
8 of Hindu Minority and Guardianship Act, 1956.
38. Learned counsel submitted that recital
follows:-
(i) The Guardian and Wards Act , 1890
(ii) The Hindu Minority and Guardianship Act , 1956
(iii) The Mental Health Act, 1987 (Repealed)
(iv) Persons ... appointing Guardian to a person lying in comatose state.
The Hindu Minority and Guardianship Act , 1956
21. The Hindu Minority and Guardianship
said proceeding was filed under Section 6 of the Hindu
Minority and Guardianship Act, 1956 (hereinafter the 'Act, 1956'
for short ... guardians of a Hindu minor; in respect of the minor's
person as well as in respect of the minor's property
(excluding
Apex Court, while dealing with the
applicability of Section 8 of Hindu Minority and Guardianship Act, 1956
observed as follows:-
“5. With regard ... Manager of the Hindu joint family
is entitled to sell the property of the Hindu joint family including the share of
minor members for legal
Hindu Minority & Guardianship Act, 1956, guardian of minor means a person having the care of the person of a minor or of his property ... view of these provisions texual Hindu law which is the general law is no more in force and Hindu Minority & Guardianship
