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Section 12 – The Hindu Minority And Guardianship Act, 1956

The Hindu Minority And Guardianship Act, 1956

 

12. Guardian not to be appointed for minors undivided interest in joint family property.-

 

Where a minor has an undivided interest in joint family property and the property is under the management of an adult member of the family, no guardian shall be appointed for the minor in respect of such undivided interest:

 

Provided that nothing in this section shall be deemed to affect the jurisdiction of a High Court the welfare of the minor shall be the paramount consideration.

 

COMMENTS

 

Appointment of guardian for minor’s undivided interest

 

(i) The management of the Joint Family and its affairs can be taken up not only by an adult male member of the family but also by a female member of the family like the mother; Dhanasekaran v. Manoranjthammal, AIR 1992 Mad 214.

 

(ii) A guardian can be appointed in cases where the minor is the sole surviving coparcener; Ratnabai v. Sitabai, AIR 1952 Bom 160.

 

 

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The Hindu Minority And Guardianship Act, 1956

 

 

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