Who is a Minor?
Under Section 4(a) of the Hindu Minority and Guardianship Act, 1956 (HMGA), a minor is defined as any person who has not completed the age of eighteen years.
Powers of the Natural Guardian (Section 8)
Section 8 of the Act outlines the powers and restrictions applicable to a natural guardian:
- Section 8(1):
The natural guardian may perform “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. However, the guardian cannot bind the minor by a personal covenant . - Section 8(2):
Without prior court permission, the natural guardian cannot:- Mortgage, charge, transfer (sale/gift/exchange) any part of the minor’s immovable property, or
- Lease any part of such property for a term exceeding five years or more than one year beyond the minor’s attaining majority .
- Section 8(3):
Any unauthorized disposition of immovable property by a natural guardian is voidable at the instance of the minor (once of age) or any person claiming through the minor . - Section 8(5):
The procedure for court permission is governed by the Guardians and Wards Act, 1890, as per Sections 29 and related provisions .
Landmark Judgments
Panni Lal v. Rajinder Singh
The Supreme Court underscored that Section 8 empowers a natural guardian to alienate a minor’s immovable property only for the minor’s benefit, and with court permission. Unauthorized disposal—even if done by the guardian—is voidable.
Vishwambhar & Others v. Laxminarayan
Here, the SC reaffirmed that any alienation of immovable property by a natural guardian without prior court sanction, as mandated by Section 8(2), is voidable.
Tejaswini Gaud & Others v. Shekhar Jagdish Prasad Tewari
Reiterated that the father is the natural guardian by default as per Section 6 of the HMGA. However, in matters of child custody, the paramount consideration is the welfare of the minor, irrespective of statutory primacy.
Natural Guardian & Joint Family Property
The Bombay High Court held that Section 8 does not apply to a minor’s undivided interest in joint family property. Reliance was placed on Supreme Court precedents like Sri Narayan Bal v. Shridhar Sutar (1996), Sandhya Rajan Antapurkar v. State of Maharashtra (2000), and Shripati v. Goroba Ghutukade (2008). The court allowed the natural guardian to manage and even sell such property without court permission, so long as it was for the minor’s benefit .
Githa Hariharan v. RBI (1999)
This landmark case interpreted Section 6 of the HMGA in light of gender equality. The Supreme Court held that either parent—father or mother—could be treated as the natural guardian, based on their availability, capability, and commitment to the child’s welfare, aligning with constitutional norms.
Summary Table: Natural Guardian’s Powers & Limitations
| Feature | Details |
|---|---|
| Minor | Person under 18 years |
| General Powers (Section 8(1)) | Acts necessary or reasonable for welfare or estate benefit. No personal covenant. |
| Restricted Powers (Section 8(2)) | Transfer/mortgage/lease beyond 5 years requires court permission. |
| Unauthorized Acts (Section 8(3)) | Voidable at minor’s or heir’s request. |
| Undivided Joint Property | Outside Section 8’s purview if in minor’s undivided family share (per judicial precedents). |
| Natural Guardian Identity | Father primary, then mother; custody under age 5 with mother by default; illegitimate children—mother first; married minor girl—husband; adoptive father/mother for adopted child. Gender equality recognized. |
FAQs
Q1. What defines a “minor” under HMGA?
A minor is anyone who has not reached 18 years of age.
Q2. What can a natural guardian do without court permission?
Guardians can perform all acts deemed necessary or reasonable for the minor’s well-being or estate—except binding the minor via a personal covenant .
Q3. When is court permission mandatory?
To mortgage, sell, gift, exchange, or lease for more than five years or beyond the minor’s majority—prior court sanction is requiredi.
Q4. What if the guardian acts without permission?
Such acts are voidable, not void—meaning the minor (or successor) can rescind the action .
Q5. Does Section 8 apply to undivided interest in joint family property?
No—it doesn’t apply when the minor holds an undivided share in joint family property, based on judicial precedents
Q6. Who qualifies as the natural guardian?
Primarily the father; if unavailable, the mother (especially for children under 5). Special provisions exist for illegitimate children, married minor girls, and adoptive children. Modern interpretations prioritize child welfare over rigid hierarchy
