Test: Hindu Law: Family, Inheritance and Guardianship-2 - CLAT PG MCQ

According to Section 8(2) of the Hindu Minority and Guardianship Act, 1956, a natural guardian is prohibited from mortgaging, selling, or otherwise transferring any part of the minor's immovable property without first obtaining permission from the court. This restriction is in place to protect the interests of the minor and ensure that their property is not disposed of irresponsibly. An interesting fact is that any unauthorized transaction by the guardian can be declared voidable by the minor once they reach the age of majority, highlighting the importance of safeguarding a minor's assets.

The Hindu Succession Act of 1956 abolished the principle of survivorship that previously governed the inheritance of joint family property, which meant that upon the death of a coparcener, their share would automatically go to the remaining coparceners. The Act allowed the deceased coparcener's widow, daughter, and other designated heirs to inherit their share, thereby recognizing their rights and contributions. This change not only provided financial security for female relatives but also represented a significant legal acknowledgment of women's rights in familial property matters. An interesting fact is that this reform has had lasting implications in promoting gender equality in inheritance across various societies influenced by Hindu law.

The Hindu Minority and Guardianship Act, 1956 primarily aims to provide a legal framework for the guardianship of minor children within Hindu law. It codifies existing principles, clarifies the roles and responsibilities of guardians, and ensures that the welfare of the child is the paramount consideration in guardianship matters. This act marked a significant reform in recognizing the rights of both parents in appointing guardians, thereby modernizing guardianship practices in India.

Under the Hindu Minority and Guardianship Act, 1956, a de facto guardian is not permitted to deal with the minor's property. This means they cannot sell, mortgage, or otherwise manage the property without court approval. This limitation serves to protect minors from potential exploitation by individuals who may take on a guardianship role without legal authority. It is important to note that the concept of a de facto guardian has historical roots in Hindu law, emphasizing the need for legal recognition and protection of minors' interests.

Answer: (B) ii only is correct
The natural guardian has powers for the minor's welfare (ii), but cannot lease property for over five years (i) or mortgage property (iii) without court permission as per Section 8.

The Hindu Succession Act of 1956 marked a pivotal shift in inheritance law by granting women equal rights to inherit property alongside men. Prior to this act, women faced numerous restrictions and were often denied full ownership of property. The Act abolished these discriminatory practices, ensuring that female heirs could inherit property just like their male counterparts, thus promoting gender equality in inheritance matters. An interesting fact is that this legislative change significantly impacted women's economic status and empowerment within Hindu society.

In Hindu law, the father is recognized as the natural guardian of a legitimate minor child, while the mother holds the role of natural guardian after the father's death. This principle is rooted in traditional legal structures that have evolved over time, especially with the enactment of the Hindu Minority and Guardianship Act, 1956, which also gave mothers more authority in guardianship matters. Understanding these roles is important for comprehending family law in the context of Hindu culture.

Ancestral property is defined as property that is passed down through four generations of male lineage without being divided. This means that the property must remain undivided for it to qualify as ancestral property. In contrast, self-acquired property can be owned solely by an individual through their own efforts or inherited through a will. Understanding the distinction between these two types of property is crucial in matters of inheritance under Hindu law.

Katyayana explicitly states that gifts made by strangers during marriage are excluded from Stridhan. Stridhan primarily encompasses gifts received from relatives, especially those given before the nuptial fire and as part of the bridal procession. This distinction emphasizes the importance of familial support in the context of marriage and property rights within Hindu law.

Answer: (C) i, ii, and iii are correct
A de facto guardian cannot dispose of a minor's property (i) but can incur liabilities if justified (ii) and is recognized based on past actions (iii). They cannot enter arbitration agreements (iv).