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Section 4: Definitions

Hindu Minority & Guardianship • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956
Section 3 All 13 Sections of Hindu Minority & Guardianship Section 5

Legal Commentary & Landmark Judgments: Section 4

Section 4 provides statutory definitions under HMGA, defining 'minor' as a person under eighteen years, and establishing four distinct legal categories of guardians of the person and property.

  • Minority Age Threshold: Defines 'minor' as a person who has not completed the age of eighteen years, harmonized with the Indian Majority Act, 1875.
  • Comprehensive Guardian Definition: Defines 'guardian' as a person having the care of the person of a minor or of his property, or of both.
  • Four Statutory Guardian Categories: Classifies guardians into: (a) Natural guardian, (b) Testamentary guardian appointed by will, (c) Guardian appointed or declared by a court, and (d) Person authorized to act as such by or under any court enactment.
  • Exclusion of De Facto Guardians: Read with Section 11, deliberately eliminates de facto guardians from dealing with a minor's property.
Key Landmark Precedents:
  • Gita Hariharan v. Reserve Bank of India (1999) 2 SCC 228: The Supreme Court analyzed the definition of natural guardian under Section 4 r/w Section 6, holding that both parents are primary natural guardians with concurrent custodial capacity.
  • Jadav Prabhatbhai Jethabhai v. Parmar Karshanbhai Dhana AIR 2001 Guj 199: Held that a person asserting guardianship over a minor's estate must fall strictly within one of the four statutory classes under Section 4; an unauthorized relative is an intermeddler.
Courtroom Practice & Strategic Litigation Guidance:

When examining title to immovable property alienated on behalf of a minor, verify that the alienating relative falls strictly within Section 4 and possessed court sanction under Section 8. Transfers by distant relatives acting as de facto guardians are void.

Section 3 All 13 Sections of Hindu Minority & Guardianship Section 5