The Hindu Minority and Guardianship Act, 1956
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 share of the property.
However, this rule doesn't stop the High Court from being able to choose a guardian for the child's property interest if it decides that it's necessary.
Explanation using examples
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.
