Hindu Minority and Guardianship Act - Natural Guardians

Natural Guardians

The father is the primary guardian for a legitimate boy and unmarried girl and their property, while the mother is the secondary guardian. However, the mother is the primary guardian for all children under the age of five. For illegitimate children, the mother is the primary guardian, while the father is the secondary guardian. A married girl’s husband becomes her guardian. For an adoptive son, the adoptive father is the primary guardian, then the adoptive mother.

Each of these, if they chose, may appoint guardians of their child’s person or property.

Should a parent cease being a Hindu or become a renouncer, hermit, or ascetic, that parent will lose his or her guardian rights.