Natural guardians

The father is the primary guardian for a legitimate boy and unmarried girl and their property, while the mother is the secondary guardian. However, the mother is the primary guardian for all children under the age of five. For illegitimate children, the mother is the primary guardian, while the father is the secondary guardian. A married girl’s husband becomes her guardian. For an adoptive son, the adoptive father is the primary guardian, then the adoptive mother.

Each of these, if they chose, may appoint guardians of their child’s person or property.

ü  Should a parent cease being a Hindu or become a renouncer, hermit, or ascetic, that parent will lose his or her guardian rights.

ü  Abilities of natural guardians

ü  Natural guardians can take actions that will benefit and protect the minor and his or her property. However, the guardian cannot sign a personal covenant for the minor. The guardian cannot sell, mortgage or give away any part of the minor’s immovable property, lease this property for more than five years, or lease the property for more than one year after the child becomes eighteen.