Court : Chennai
Reported in : AIR1977Mad304
..... construction of the will the courts below came to the conclusion that there is no express power of alienation conferred on the guardian, and that since he is a testamentary guardian under s. 9(5) read with s. 8 of the hindu minority and guardianship act, 1956 he could not sell the property without the prior sanction of a court. in that view ..... 15-3-1961, executed in favour of defendants 1 to 3 by their guardian. the suit properties originally belonged to one mangalammal, whose son and daughter are the plaintiff and the 6th defendant. she died on 26-1-1956 leaving behind her husband and two minor children, who are the plaintiff and the 6th defendant. she died ..... would be governed by the provisions of the act. section 9(5) dealing with the powers of a guardian so appointed by will states that he has the right to act as the minor's guardian after the death of the minor's mother and to exercise all the rights of a natural guardian under the act 'to such extent and subject to such restrictions ..... are as co-tenants and each was entitled to a moiety in the property bequeathed. in fact, the guardian was directed to put ion possession of one-half of the properties to each of them on their attaining the age of majority. therefore, the plaintiff could not ask for a declaration of title of the ..... one-half share of the plaintiff would be determined in the final decree proceedings. the second appeal is partly allowed. the parties will bear their respective costs. no leave.5. appeal partly allowed. .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1986Guj116; (1986)2GLR1041
..... and its provisions must be read in the context of the law laid down in the guardians and wards act, 1.890.7. section 6 of the act lists out the natural guardians of a minor while s. 8 defines the powers of those natural guardians. s. 9 deals with testamentary guardians and their powers. the act does not make it incumbent for any of these persons to obtain a certificate of guardianship ..... as 'the act') will apply. s. 4(a) of the act defines 'minor, according to ..... contained in the succession act where the minors person or property was in the hands of the guardian at the age of 18, his minority would, extend up to 21 years of age.5. on behalf of the petitioner it is contended that to the facts and circumstances of this case the provisions of the hindu minority and guardianship act, 1956 (no. 32 of 1956) (hereinafter referred to ..... which, a person who has not completed the age of eighteen years is minor. the petitioner relies on the provisions of s. 5(b) of the .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1987MP145; 1988MPLJ28
..... inconsistent with any of the provisions contained in this act. 9. testamentary guardians and their powers.-- (1) a hindu father entitled to act as the natural guardian of his minor legitimate children may, by will, appoint a guardian for any of them in respect of the minor's person or in respect of the minor's property (other than the undivided interest referred to in section 12) of in respect of both. (2) an ..... to be declared as guardian of the three children cannot, in any view of j the matter, be rejected. it is this contention which, though rejected by the court below, merits serious reconsideration in all its aspects.6. reliance was placed by shri modi withgreat confidence and composure on theprovisions of sub-section (2) of section 9 ofthe hindu minority and guardianship act,1956, for short, hmga, to ..... urge that the willex. d/8 ought to have been totally excludedfrom consideration by the court below. hehas also placed reliance on the provisions ofsection 5(b) of the said act to submit that the i'overriding' effect of the provision .....Tag this Judgment!
Court : Mumbai
Reported in : 2003(4)ALLMR1093; 2004(2)BomCR399
..... guardian and testamentary guardians incidentally abolishing de facto guardians,(4)the notes on clauses explain, wherever necessary, the various provisions contained in the bill.act no.32 of 1956. hindu minority and guardianship act, 1956 (32 of 1956) received the assent of the president on 25th august, 1956 after being passed by both the houses of parliament.the hindu minority and guardianship act, 1956 is supplemental to the following acts :-(i)indian majority act, 1875 (9 of 1875). (ii)guardians ..... world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi).explanation - in this section the expression 'father' and 'mother' do not include a step-father and a step-mother.sec.8 : powers of natural guardian :(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 ..... .it is submitted by the learned counsel appearing on behalf of the plaintiffs that the defendant no.4 was their step-mother and she was not a natural guardian within the meaning of section 6 of the hindu minority and guardianship act, 1956 and since the permission having been not taken the said transaction was illegal. he further submitted that since the defendant no.4, the step .....Tag this Judgment!
Court : Mumbai
Reported in : 1984(1)BomCR433; (1983)85BOMLR604
..... respondent is validly and effectively appointed as a testamentary guardian.9. the deceased husband of the 1st petitioner was a hindu. his power to appoint a testamentary guardian of his minor son is governed by the provisions of the hindu minority and guardianship act, 1956. section 9(1) and (2) of the hindu minority and guardianship act provides as follows :'9(1) a hindu father entitled to act as the natural guardian of his minor legitimate children may, by will, appoint a ..... her children is not such as to disqualify her from being appointed as their guardian, especially when no suitable alternative guardian is available.12. in the present petition, the 1st petitioner along with her brother the 2nd petitioner has also applied for being appointed as guardian of the property of the two minors bhagwan and nandraj. mr. girish desai, learned counsel for the petitioners, however ..... , 1983 the petitioners have thereafter filed the present petition for being appointed as the guardian of the minor bhagwan alias bhruguraj and also for being appointed as the guardians of the property of the minors bhagwan alias bhruguraj and nandraj. the two minors would have a share in the properties left by their deceased father. even under the so called will of the deceased father, at .....Tag this Judgment!
Court : Mumbai
Reported in : 2006(2)ALLMR434; 2006(3)MhLj318
..... an error of law by ignoring the provisions of the hindu minority and guardianship act, 1956. section 11 of the said act contemplates as under:de facto guardian not to deal with 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 ..... court in madhe gowda v. anke gowda : air2002sc215 .9. mr. kaptan, learned counsel, for the plaintiff further contended that as per section 8 of the hindu minority and guardianship act, 1956 the property of a minor is fully protected even from the depredations of his parents. section 8 empowers only the legal guardian to alienate a minor's immovable property provided it is for the necessity or ..... a natural guardian or a testamentary guardian or a guardian appointed by the court. in law a person who is not a guardian as aforementioned who takes interest upon himself, the general management of the estate of a minor can be more appropriately described as 'de facto manager'. before enforcement of the act some confusion prevailed over the powers of a de facto guardian or manager ..... guardian to alienate a minor's immovable property provided it is for the necessity or benefit of the minor or his estate and it further requires that such alienation shall be effected after the permission of the court has been obtained. in the present case, there is no evidence to show that the father of the respondents was not taking any interest in their .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1983P& H114
..... manner permitted by the order hindu minority and guardianship act, 1956 s. 8(1) power of natural guardian : (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 realisation, protection or benefit of the minor's estate, but the guardian can in no case bind ..... to make a radical change in the existing law it seems apt to juxtapose the relevant provisions of the two statutes :--guardians & wards act, 1890 s. 28 powers of testamentary guardian : where a guardian has been appointed by will or other instrument, his power to mortgage or charge, or transfer by sale, gift, exchange or otherwise, immovable property belonging to his ward is subject ..... lr 578 : (air 1961 punj 51) :--'in my opinion the court must construe the provisions of the guardians and wards act and of the hindu minority and guardianship act together because they constitute parts of a single scheme or of the same legislative plan, their provisions must, therefore, be harmonised and read together, so that the real and true purpose and equity of ..... previous permission of the court, the legal position of a certificated guardian and that of the natural guardian of a hindu minor is identical as also the legal consequences flowing therefrom. this is so by virtue of section 29 and 30 of the 1890 act and sections 8 (2) and (3) of the 1956 act.9. once that is so, it has only to be recalled that .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1999SC1149; 1999(2)ALLMR(SC)416; 1999(2)ALT1(SC); 1999(1)BLJR777; 95CompCas913(SC); 1999(1)CTC481; I(1999)DMC337SC; 236ITR380(SC); JT1999(1)SC524; (1999)IIML
..... it is needless to state that even before the passing of the hindu minority and guardianship act, 1956 (act 32 of 1956), the mother is the natural guardian after the father. the above act came into force on august 25, 1956 and under section 6 the natural guardians of the hindu minor in respect of minor's person as well as minor's property are the father and after him the mother. the ..... the death of the father and in the event of there being no testamentary guardian appointed by the father, the mother succeeds to the natural guardianship of the person and separate property of their minor children. conceptually, this guardianship however is in the nature of a sacred trust and the guardian cannot therefore, during his lifetime substitute another person to be the ..... held that, in the peculiar circumstances, the father should be treated asifnon-existentand, therefore, the mother could be considered as the natural guardian of the minor's person as well as property, having power to bind the minor by dealing with her immovable property.(emphasis supplied)distinguishing the facts in jijabai vithalrao gajre (supra), the court observed that there was no ..... to them. in december, 1984 the petitioner applied to the reserve bank of india for 9% relief bond to be held in the name of their minor son rishab alongwith an intimation that the petitioner no. 1 being the mother, would act as the natural guardian for the purposes of investments. the application however was sent back to the petitioner by the .....Tag this Judgment!
Court : Chennai
Reported in : AIR1967Mad113
..... provisions of the act are supplemental to the guardian and wards act of 1890, the act in statutory from crystallises as to whoa are the persons entitled to act as natural and testamentary guardians of hindu minor. the act further imposes certain limitations on the power of the guardian in the matter of disposal and management of immovable property of a minor. under the act neither the natural guardian not the testamentary guardian can now, without ..... 1956 mad 476 at p. 477) where it is stated.a de facto guardian is one who is not a legal guardian in the sense that he either a natural guardian or a testamentary guardian or a court guardian, but who being interested in the minor though a stranger, takes share of the management of the minor's property".section 4(2) of the guardians and wards act, viii of 1890, defines guardian ..... the extent only of the provision for payment of interest thereon from 13-3-1957 till deposit is set aside. the plaintiffs will be entitled to mesne profits on their share in the properties conveyed to the first defendant under ex. b-3 only from the date of deposit by the plaintiffs of the sum of rs. 880 till ..... ammal does not purport to appoint arumugha padayachi as guardian, she has only assumed him to be the guardian. in these circumstances, this decision does not help the appellants.(9) in the result it must be held that the alienation by arumugha padayachi of the suit properties which had been settled on the minors by anjalai ammal are void and cannot bind the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2009Bom6; 2008(4)ALLMR882; 2008(4)BomCR515; (2008)110BOMLR2248; 2008(6)MhLj707
..... sold joint family property owned by mother and her sons and the question raised for consideration of the court was -does section 9 of the hindu minority and guardianship act apply to the disposal of minors undivided interest in the joint family property by the natural guardian. the law laid down in paras 3, 4 and 5 is as follows:3. now the following positions are undisputed ..... legal necessity or for benefit of the estate.16. here i may refer to article 525, page 524 of mullas principles of hindu law, twentieth edition, vol-i. it is laid down that the natural guardian of a hindu minor has power in the management of his estate, to mortgage or sell any part thereof in a case of necessity or for the benefit of ..... reconveyance by bhagirathibai on 20.03.1976 in the name of respondent no. 1-goroba, who was minor, the property became the property of minor and therefore permission ought to have been obtained under section 8 of the hindu minority and guardianship act, 1956 (hereinafter referred to as 'the hindu minority act') and in absence of this the sale-deed is null and void and the decree passed by the ..... she was managing the family property. so she was in the management of estate at the time of sale. survey nos. 78/5, 79/8, 65/5 and 65/9 came to their share in partition between her husband and his two brothers. the total area of land was 10 acres. she further admitted that she was in need of money for .....Tag this Judgment!