Who is a Guardian under the Hindu Minority and Guardianship Act of 1956?

A guardian means a person who owns the responsibility to take care of the person of another or of his property, or of both. Section 4 of the Guardian and Wards Act also defines the term “guardian” in the same sense. Section 4(b) of the Hindu Minority and Guardianship Act defines the word “guardian” as follows:—

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“Guardian” means a person having the care of the person of a minor, or of his property, or of both his person and property and includes—

(i) A natural guardian;

(ii) A guardian appointed by the will of the minor’s father or mother

(iii) A guardian appointed or declared by a court; and

(iv) A person empowered to act as such by or under any enactment relating to any court of wards.

Besides the above, there are two more types of guardians namely,

(a) De facto guardian, and

(b) Ad hoc guardian.

The former has been mentioned in the Act while the latter does not find any place.