The basic changes brought about by the Hindu Minority and Guardianship Act, and the specific principles of minority and guardianship (under the uncodified law) which have been repealed by the Act, may be summarised as follows:
1. The age of minority amongst Hindus has been made the same as under the general law (viz., eighteen years) (See S. 4.)
ADVERTISEMENTS:
2. The long list of natural guardians existing under the old Hindu Law has been reduced to three only, namely, the father, the mother and the husband. (See S. 6, below.)
3. Some control has been imposed over the powers of natural and testamentary guardians. (See Ss. 8 and 9 of the Act.)
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4. It has been provided that a de facto guardian has no power to deal with a Hindu minor’s property. Prior to the Act, a de facto guardian had the power to alienate property and bind the minor’s estate by such alienations (which could even include the immoveable property of the minor.)
5. The right of a father to appoint a guardian for the minor by will, during the lifetime of the mother, has been taken away. (See S. 9 of the Act.)
ADVERTISEMENTS:
6. The Act has vested the mother with the power to appoint by will, a guardian, who would act in preference to a guardian appointed by the father in certain cases.
7. Under the Act, the custody of a minor child below 5 years is ordinarily to be with mother. Under the uncodified Hindu law, the father was entitled to the custody of such a child.