Section 12 of HMGA : Section 12: Guardian Not To Be Appointed For Minors Undivided Interest In Joint Family Property

Bare Act

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.

Simplified Act

If a child (who is not yet an adult) is part of a Hindu family and has a share in the family's joint property, and if an adult family member is already taking care of this property, then there is no need to assign a separate legal guardian to look after the child's...

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 gua...