Guardianship

Dear Madam,
You may take the possession of the property which is gifted to your son. Further, you may file a relevant case under the provisions of Guardians and Wards Act and seek permanent guardianship and also seek to change the guardian in respect of relevant documents in your name since Divorce has happened and you are looking welfare of the minor child.

Dear Client,
Section 6 of the Hindu Minority and Guardianship Act, 1956 provides that the natural guardian of a Hindu minor boy or unmarried girl is the father, and only after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. If minor children receive property by inheritance or otherwise, according to the Hindu Minority and Guardianship Act of 1956, even the mother or father whose name appears in the property deed as the natural guardian, cannot alienate or sell that property. Section 8(2) of the Act states that minors' immovable property cannot be mortgaged, charged, or transferred by sale, gift, exchange, or in any other mode without the previous permission of the Court. As per Section 12 of the Act, no person shall be entitled to dispose of, or deal with, the property of a Hindu minor merely on the ground of his or her being the de facto guardian of the minor. Once the minor attains the age of majority, he or she will be considered the owner of the property. Given the proposition of relevant law, a divorced mother can claim natural guardianship of her minor child if the father is unable to act as a guardian due to death, desertion, legal separation, or divorce. The "welfare of the child" is the paramount consideration for granting natural guardianship of a minor under Section 13 of the Act, and the court considers factors such as the mother's ability to care for the child and the child's wishes. Thus, a divorced mother can claim natural guardianship, especially if the father is unable to provide care or is not in the child's best interests. Hence, it is recommended to consult with an experienced Advocate for tailored advice and steps to prove your claim of natural guardianship of the minor child before the Court.