Section 12 of HMGA : Section 12: Guardian Not To Be Appointed For Minors Undivided Interest In Joint Family Property
HMGA
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Explanation using Example
Imagine a scenario where a 10-year-old boy, Rahul, is a member of a Hindu undivided family. His father passed away, leaving Rahul with an undivided interest in the family's ancestral property. Rahul's uncle, who is an adult member of the family, takes on the responsibility of managing the entire property, including Rahul's share. According to Section 12 of The Hindu Minority and Guardianship Act, 1956, there is no need to appoint a separate guardian for Rahul's property interests, as his uncle is already managing it as part of the joint family property. However, if there are concerns about the management or welfare of Rahul's share, the High Court still has the authority to appoint a guardian specifically for his interest in the property.