Guardianship of a minor in India — who is the natural guardian (father, mother), selling or mortgaging a minor’s property only with court permission under Hindu Minority and Guardianship Act s.8, guardianship petition under the Guardians and Wards Act, 1890, minor’s bank account, and what a child can do on turning 18 (K.S. Shivappa 2025) (2026)
Plain guide for parents, grandparents and relatives who need to act for a child — after the death of a parent, when a minor inherits a share in a house or land, when a bank or buyer asks for a ‘guardianship certificate’, or when a guardian has sold a minor’s property without permission: natural guardians under Hindu law and the position under Muslim law, the court-permission rule for selling or mortgaging a minor’s immovable property, how a guardianship petition works in the District Court, minors’ bank accounts, and the remedies once the minor becomes an adult. Educational only — not legal advice. Adhiwakta does not file petitions or contact banks or courts.
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Who is a minor’s natural guardian?
Under the Hindu Minority and Guardianship Act, 1956 (HMGA) — which covers Hindus, Sikhs, Jains and Buddhists — a minor is a person under 18. Section 6 names the natural guardians of a minor’s person and property: for a boy or unmarried girl, the father, and after him the mother; custody of a child under five ordinarily stays with the mother. In Githa Hariharan v. Reserve Bank of India (1999) the Supreme Court read ‘after’ as ‘in the absence of’, so the mother can act as natural guardian where the father is absent, indifferent or not looking after the child, even during his lifetime. For an illegitimate child, the mother comes first. Section 13 makes the welfare of the minor the paramount consideration.
Muslim law and other communities
Under Muslim personal law, the guardian of a minor’s property is the father, then the father’s executor, then the paternal grandfather and his executor; the mother has custody (hizanat) of young children but is not the natural guardian of property. Where no legal guardian exists, or for Christians, Parsis and others, a guardian of the property is appointed by the court under the Guardians and Wards Act, 1890 (GWA), which applies to all communities. Courts decide custody and guardianship on the child’s welfare in every case.
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Write in Hindi or English · general guidance, not legal advice
Selling or mortgaging a minor’s property needs prior court permission
Section 8(2) HMGA says a natural guardian shall not, without the previous permission of the court, mortgage, charge, sell, gift, exchange or otherwise transfer any part of the minor’s immovable property, or lease it for more than five years or for more than one year beyond the date the minor turns 18. Under Section 8(4) the court grants permission only for necessity or an evident advantage to the minor — for example education, medical treatment, or selling a share to buy a better property in the child’s name. Under Section 8(3) a transfer made without permission is voidable at the instance of the minor or anyone claiming under the minor. A guardian can, however, do acts that are necessary or reasonable and proper for the benefit of the minor or the estate within these limits (s.8(1)), but can never bind the minor by a personal covenant.
Joint family property and ‘de facto’ guardians
Section 12 HMGA says no guardian is appointed for a minor’s undivided interest in joint family property managed by an adult member — the Karta manages it (see the ancestral property guide). Section 11 bars a de facto guardian — a relative simply looking after the child, such as an uncle or grandparent who is not a natural or court-appointed guardian — from dealing with the minor’s property. Buyers and banks therefore usually insist on a court order.
How a guardianship or permission petition works
The petition is filed in the District Court (or Family Court where it has jurisdiction) of the place where the minor ordinarily resides; for guardianship of property it may also be filed where the property is (GWA s.9). Section 10 GWA lists the particulars — the minor’s name, age and residence, relatives, the property and its value, and why the order is needed — and the application of a natural guardian for sale permission follows the same procedure (HMGA s.8(5)). The court usually issues notice to close relatives, may hear the child if old enough, may ask for a valuation and for the sale money to be deposited in a fixed deposit in the minor’s name until 18, and decides on the minor’s welfare (GWA s.17). An order refusing permission under HMGA s.8 is appealable (s.8(5)(c)). A court-appointed guardian of property also needs court permission for sales (GWA s.29).
Documents commonly needed
Birth certificate of the minor, death certificate of the deceased parent (if any), succession / legal heir certificate or probate showing the minor’s share, title documents and mutation of the property, a valuation report, details of the proposed buyer and price, proof of how the money will be used for the child, ID and address proof of the guardian, and consent or no-objection affidavits of other relatives where available. Requirements vary by court; check the local District Court’s practice.
Minors’ bank accounts, FDs and insurance money
Under RBI directions of 21 April 2025, banks may allow minors of any age to open savings and term deposit accounts through a natural or legal guardian (including the mother), and minors aged 10 or above to open and operate accounts independently within the bank’s limits. Insurance or compensation money awarded to a minor (for example in a motor accident claim) is often ordered to be kept in a fixed deposit until majority. Banks may ask for a court guardianship order for large withdrawals or where the natural guardian is disputed.
When the child turns 18: undoing an unauthorised sale
A sale of a minor’s immovable property by a guardian without court permission is voidable, not void. Under Article 60 of the Limitation Act, 1963, a suit by the former minor to set aside such a transfer must be filed within three years of attaining majority. In K.S. Shivappa v. K. Neelamma (7 October 2025) the Supreme Court held that the former minor can also repudiate the voidable sale by clear conduct within that period — for example by selling the property himself — and a suit is not always necessary. Keep proof of the date of birth and of the dates you learned of the sale.
Adults with disabilities
Guardianship of an adult with autism, cerebral palsy, intellectual disability or multiple disabilities is handled by the Local Level Committee under Section 14 of the National Trust Act, 1999, and other adults with disabilities may need limited guardianship under the Rights of Persons with Disabilities Act, 2016. These are separate processes from guardianship of a minor.
What this guide is not
It does not decide who should be guardian in your family, whether a court will permit a sale, or how long a petition will take. Eligible persons can get government legal aid from the District Legal Services Authority (DLSA) under the Legal Services Authorities Act, 1987.
How Adhiwakta can help
We do not file guardianship or permission petitions, contact banks, buyers or courts, or appear anywhere. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
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Frequently asked questions
- Can a mother sell her minor child’s share in property?
- Only with the previous permission of the court under Section 8(2) of the Hindu Minority and Guardianship Act. The court allows it only for necessity or evident advantage to the child; a sale without permission is voidable at the child’s instance.
- Who is the natural guardian of a Hindu minor?
- The father, and after him the mother. The Supreme Court in Githa Hariharan (1999) held the mother can act as natural guardian when the father is absent or not looking after the child. Custody of a child under five ordinarily stays with the mother.
- Where is a guardianship petition filed?
- In the District Court (or Family Court where it has jurisdiction) where the minor ordinarily resides; for guardianship of property it can also be where the property is situated (Guardians and Wards Act s.9).
- Can a grandfather or uncle sell a minor’s property?
- Not as a de facto guardian — Section 11 HMGA bars a person who is only looking after the child from dealing with the minor’s property. He would need to be appointed guardian by the court and get its permission.
- What can a child do after turning 18 if the guardian sold property without permission?
- The sale is voidable. A suit to set it aside can be filed within three years of attaining majority (Limitation Act Art. 60). In K.S. Shivappa (2025) the Supreme Court held that clear conduct, such as a fresh sale within that period, can also repudiate it.
- Can a minor open a bank account?
- Yes. Under RBI directions of April 2025, a minor of any age can have an account through a natural or legal guardian, including the mother, and a minor aged 10 or above can open and operate one independently within the bank’s limits.
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