Under the provisions of the Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956, the guardian must apply to the court for permission to transfer or lease the property of a minor. Duraiswamy vs Balasubramanian, 1977: The child`s testamentary guardian cannot sell or transfer any part of a minor`s real estate without obtaining permission from the court. Article 8, paragraph 3, regulates the limits of the power of natural guardians. The natural guardian treats real property contrary to subsections (1) and (2), in which case it is voidable and does not bind the minor. The expression «any person who makes a claim» includes a buyer who cancels the sale by that person and may avoid alienation by the natural guardian referred to in the subsection. It also has the power to cancel the sale. It is also specified that a right of action may be conferred not only on minors but also on a person to whom the minor has transferred his rights. If the father appoints the mother as natural guardian on her death and the mother has sold the property without the prior approval of the court, the sale is not enforceable under Article 8 § 3. It should be noted that the lifting of alienation by the natural guardian by the minor after reaching the age of majority is a personal right. (c) an appeal is made from an order of the court refusing to authorize the biological guardian to do any of the acts referred to in subsection (2) of this section to the court to which an appeal is normally made from the decisions of that court. Note: According to the provisions of this Act, the guardian may under no circumstances bind the minor by a personal undertaking. This may be any person such as the uncle or aunt of the child or the elder brother or sister or any person who provides the minor child with the bare necessities.

The de facto guardian, like the natural guardian, may dispose of the property of a minor child only if necessary or in the interests of the child. Court approval is still required. The father`s guardianship rights also exist if the mother is entitled to custody of the minor. The upbringing, upbringing, religion and movement of the minor are all controlled by the father. The father is the first and most important guardian of his minor children for as long as he lives. The father can only be the natural guardian of his legitimate minor children. He may not be the natural guardian or take custody of his illegitimate minor children. When a court appoints a person`s declaration as guardian of a Hindu minor, the welfare of the minor comes first.

According to the provisions of the Hindu Minority and Guardianship Act of 1956, no one can be the natural guardian of a Hindu minor: laws granting the father preferential custody or guardianship of children over the mother discriminate against women and are based on a sexist stereotype that considers men superior. These laws also limit a mother`s ability to make decisions about her own child`s upbringing. In addition, the husband of a minor daughter (although they were married illegally) may also be considered her «guardian». A de facto guardian is defined as a person who has a direct interest in the welfare of the minor`s person or in the administration and administration of the minor`s property without legal authority. Since the enactment of the Minority and Guardianship Act of 1956, no one has the right to dispose of the property of a Hindu minor or to dispose of it because he or she is the de facto guardian of the minor. Section 6 of the Indian Hindu Minority and Guardianship Act 1956 provides that the natural guardian of a minor Hindu boy or unmarried girl is the father and only after him the mother. It also provides that the guardian of a married minor girl is her husband. No person is entitled to guardianship under the provisions of the Hindu Minority and Guardianship Act or other laws governing guardianship in marriage between Hindus if the court is of the opinion that guardianship is not in the best interests of the minor. 4. After the death of the father or mother, the appointed guardian shall act as the natural guardian of the children. And he has all the rights of a natural guardian, subject to the restrictions mentioned in the deed or will. 3.

The guardian may, if necessary, lease any part of the property for a period of five years, but not beyond. If the lease to be entered into exceeds five years, court approval is required.