Every family that has ever thought seriously about the future has, at some point, asked an uncomfortable but necessary question: who looks after a child, or a dependent, if something happens to the parents? At Ashutosh Financial Services, conversations around wealth and succession keep returning to this same point, which is why the organisation continues to hold sessions that go beyond investments and taxation to cover the legal frameworks that protect families. Financial planning, after all, is not just about growing money but about making sure the people who depend on it are looked after correctly, and that was the thinking behind the session on Guardianship under Hindu Law.
The event was held in Rajkot on December 2021, with Daxesh Kothari leading the discussion. Guardianship is a subject that rarely gets attention until it becomes urgent, and by walking participants through the legal position under Hindu law, the session aimed to fill that gap before it became a problem. Questions of guardianship touch anyone responsible for a minor’s welfare or property, or anyone drafting a will, which made the topic relevant well beyond legal practitioners.
The session began with a basic but important definition. Under the Hindu Minority and Guardianship Act, a person is considered a minor until they turn eighteen. Once that is established, the natural next question is who has the legal authority to act on a minor’s behalf, and this is where the concept of a “natural guardian” comes in. The father is recognised as the natural guardian of both a minor son and a minor daughter. The mother steps into this role only if the father has passed away or is otherwise incapable of acting as guardian. One detail that often surprises people is that the law does not recognise joint guardianship. There is always one guardian at a time with legal authority, not two acting together, which has practical implications for how decisions involving a minor’s welfare or assets are actually made.
Beyond natural guardianship, the session explained the concept of a testamentary guardian, someone appointed through a will under Section 9 of the Act. This appointment only takes effect if both natural guardians, the father and the mother, are no longer available. The interaction between the two parents’ wishes was explained carefully. If the mother, as the surviving natural guardian, appoints someone as testamentary guardian, her choice takes precedence, and any appointment made earlier by the father becomes ineffective. It is only if the mother does not make such an appointment that the father’s chosen guardian steps in. This is a useful reminder that a will made years earlier does not automatically override decisions made by whichever parent survives.
The discussion then moved to guardianship through the courts. Under the Guardianship and Wards Act, a District Court has the power to appoint or declare a guardian whenever it believes doing so serves the welfare of the child. This authority extends to situations involving separate property or specific responsibilities relating to the minor, giving the court flexibility to step in where family arrangements are unclear or contested.
A related but distinct area covered in the session was guardianship for adults with disabilities. Here, the relevant law is the National Trust Act, which allows a guardian to be appointed for adults with certain disabilities, a need that continues well past the age of eighteen and is separate from guardianship of minors. This responsibility is managed through a Local Level Committee, which has the authority to appoint, monitor, or remove a legal guardian, and which issues the Legal Guardianship Certificate in coordination with the National Trust.
The session also addressed a practical concern that many families overlook: what a guardian can and cannot do with a minor’s immovable property. Guardians are not permitted to mortgage, sell, gift, exchange, or otherwise transfer any part of a minor’s immovable property. They also cannot lease such property for more than five years, or for a period extending beyond one year after the minor turns eighteen, whichever comes first. An important exception applies to testamentary guardians dealing with property a minor has received under a will, where the appointed guardian is given greater latitude to act.
Sessions like this reflect a simple belief that runs through much of what Ashutosh Financial Services does: sound financial decisions rest on a proper understanding of the rules that govern them, and legal awareness is as much a part of financial wellbeing as investment planning or tax efficiency. Guardianship under Hindu law is a subject that touches every family sooner or later, and clarity on it today can prevent confusion and disputes at a time when families can least afford them. Ashutosh Financial Services remains committed to organising sessions of this kind, helping individuals build the knowledge they need to plan thoughtfully for the people who matter most to them.
