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 minor or for the realization, protection or benefit of the minor’s estate; but the guardian can in no case bind the minor by a personal covenant.

2. The natural guardian shall not, without the previous permission of the court—

a. mortgage or charge, or transfer by sale, gift, exchange or otherwise any part of the immovable property of the minor, or

b. lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.

3. Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or any person claiming under him.

4. No court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2) except in case of necessity or for an evident advantage to the minor.

5. The Guardians and Wards Act, 1890 (8 of 1890), shall apply to and in respect of an application for obtaining the permission of the court under sub-section (2) in all respects as if it were an application for obtaining the permission of the court under Section 29 of that Act, and in particular-

a. proceedings in connection with the application shall be deemed to be proceedings under that Act within the meaning of Section 4-A thereof;

b. the court shall observe the procedure and have the power specified in subsections (2), (3) and (4) of Section 31 of that Act; and

c. an appeal shall lie from an order of the court refusing permission to the natural guardian to do any of the acts mentioned in sub-section (2) of this section to the court to which appeal ordinarily lie from the decisions of the court.

6. In this section, “court” means the City Civil Court or a District Court or a Court empowered under Section 4-A of the Guardians and Wards Act, 1890, within the local limits of whose jurisdiction the immovable property in respect of which the application is made, is situate and where the immovable property is situate within the jurisdiction of more than one such court, means the court within the local limits of whose jurisdiction any portion of the property is situate.

SEC. 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) or in respect of both.

2. An appointment made under sub-section (1) shall have no effect if the father predeceases the mother, but shall revive, if the mother dies without appointing, by will, any person as guardian.

3. A Hindu widow entitled to act as the natural guardian of her minor legitimate children, and a Hindu mother entitled to act as the natural guardian of her minor legitimate children by reason of the fact that the father has become disentitled to act as such, 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 undivided interest referred to in Section 12) or in respect of both.

4. A Hindu mother entitled to act as the natural guardian of her minor illegitimate children may, by will appoint a guardian for any of them in respect of minor’s person or in respect of the minor’s property or in respect of both.

5. The guardian so appointed by will has the right to act as the minor’s guardian after the death of the minor’s father or mother, as the case may be, and to exercise all the rights of a natural guardian under this Act to such an extent and subject to such restrictions, if any, as are specified in this Act and in the will.

6. The right of the guardian so appointed by will shall, where the minor is a girl, ceases on her marriage.

SEC. 10 INCAPACITY OF MINOR TO ACT AS GUARDIAN OF PROPERTY.—

A minor shall be incompetent to act as guardian of the property of any minor.

SEC. 11. 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 de facto guardian of the minor.

SEC 12. GUARDIAN NOT TO BE APPOINTED FOR MINOR'S 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 to appoint a guardian in respect of such interest.

SEC. 13. WELFARE OF MINOR TO BE PARAMOUNT CONSIDERATION.—

1. In the appointment or declaration of any person as guardian of a Hindu minor by a court, the welfare of the minor shall be the paramount consideration.

2.  No person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law, relating to guardianship in marriage among Hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor.