Parents are already natural guardians, so most day-to-day decisions need no certificate at all. The certificate matters at specific pressure points.
Natural guardianship first
Under the Hindu Minority and Guardianship Act, 1956, the natural guardian of a Hindu minor is the father, and after him the mother, with the mother being the natural guardian of a child below five. A natural guardian can do most things without any court order.
Where a court order becomes necessary
- Dealing with a minor's immovable property. Section 8 of the 1956 Act requires the previous permission of the court for a natural guardian to mortgage, charge, sell, gift or exchange a minor's immovable property, or to lease it beyond certain periods. A sale without that permission is voidable at the minor's instance, which is why buyers' lawyers insist on it.
- Where there is no natural guardian, or the natural guardian is unfit, and someone must be appointed under the Guardians and Wards Act, 1890.
- Claiming or operating funds for a minor: insurance proceeds, compensation awards, bank deposits and shares, where the institution requires a guardianship certificate.
- For an adult unable to manage their affairs, for example a person with severe intellectual disability or in a persistent vegetative state. Here the National Trust Act, 1999 provides for a Local Level Committee to appoint a legal guardian for persons with autism, cerebral palsy, intellectual disability and multiple disabilities, which is usually simpler than a court petition.
Buying property that belongs partly to a minor
This is where the issue bites in practice. If a minor holds even a fractional share, usually through inheritance, the sale needs court permission for that share. Skipping it leaves the buyer with a title the minor can challenge on attaining majority, and within the limitation period that then runs. Verify this at the due diligence stage, not at registration.
This is where the issue bites in practice. If a minor holds even a fractional share, usually through inheritance, the sale needs court permission for that share. Skipping it leaves the buyer with a title the minor can challenge on attaining majority, and within the limitation period that then runs. Verify this at the due diligence stage, not at registration.
How the petition runs
A petition before the District Court or Family Court, with notice to interested parties, an inquiry into the welfare of the minor, and often a direction that sale proceeds be deposited in a fixed deposit in the minor's name until majority. Expect the court to require accounts.