Vol. 14, Part I · pages 146–150

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES128 (79) (80) 76. Recording of adoption. —If the authority appointed under section 74A is satisfied that the application has been signed by the person taking and the person giving in adoption and that the adoption has taken place as stated, he shall cause a record of the adoption to be made in the Register of Adoption. 76. Recording of adoption. —If the authority appointed under section 74A is satisfied that the application has been signed by the person taking and the person giving in adoption and that the adoption has taken place as stated, he shall cause a record of the adoption to be made in the Register of Adoption. (80) (81) PART IV—MINORITY AND GUARDIANSHIP 77. Definitions. —In this Part— (a) “minor” means a person who has not completed the age of eighteen years; (b) “natural guardian” means any of the guardians referred to in section 78, but does not include a guardian— (i) appointed by the will of the minor’s father, or (ii) appointed or declared by a court, or (iii) empowered to act as such by or under any enactment relating to any court of wards. (82) 78. Natural guardians of a Hindu minor. —The natural guardians of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property are— (a) in the case of a boy or unmarried girl—the father, and after him, the mother : provided that the custody of a minor who has not completed the age of three years shall ordinarily be with the mother; (b) in the case of an illegitimate boy or an illegitimate unmarried girl—the mother and after her, the father; (c) in the case of a married girl—the husband: Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section—

DR. AMBEDKAR AND THE HINDU CODE BILL 129 (a) if he has ceased to be a Hindu ; or (b) if he has completely and finally renounced the world in any of the modes set forth in sub-section (1) of section 110. (83) 79. Natural guardianship of adopted son. —The natural guardianship of an adopted son who is a minor passes, on adoption, from the family of his birth to the family of his adoption. PART IV—MINORITY AND GUARDIANSHIP 77. Definitions. —In this Part— (a) “minor” means a person who has not completed the age of’ eighteen years; (b) “natural guardian” means any of the guardians referred to in section 78, but does not include a guardian— (i) appointed by the will of the minor’s father, or (ii) appointed or declared by a court, or (iii) empowered to act as such by or under any enactment relating to any Court of Wards. (81) 78. Natural guardians of a Hindu minor. —The natural guardians of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s properly are— (a) in the case of a boy or unmarried girl—the father, and after him, the mother: provided that the custody of a minor who has not completed the age of three years shall ordinarily be with the mother, (b) in the case of an illegitimate boy or an illegitimate unmarried girl—the mother and after her, the father; (c) in the case of a married girl—the husband: Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section— (a) if he has ceased to be a Hindu ; or Part V, sec. 1, page 22. Part V, sec. 4, page 22. Part V, sec. 5, page 22.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES130 (b) if he has completely and finally renounced the world in any of the modes set forth in sub-section (1) of section 110. (82) 79. Natural guardianship of adopted son.—The natural guardianship of an adopted son who is a minor passes, on adoption, from the family of his birth to the family of his adoption. (83) (84) 80. Power of natural guardian. —(1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor’s estate; but the guardian can in no case bind the minor by a personal covenant. (2) The natural guardian shall not, without the previous permission of the court— (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor; or (b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority. (3) Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or any other person affected thereby. (4) No court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2) except in case of necessity or for an evident advantage to the minor. (5) The Guardians and Wards Act, 1890 (VIII of 1890), shall apply to, and in respect of, an application for obtaining the permission of the court under sub-section (2) in all respects as if it were an application for obtaining the permission of the court under section 29 of that Act, and in particular—

DR. AMBEDKAR AND THE HINDU CODE BILL 131 (a) proceedings in connection with the application shall be deemed to be proceedings under that Act within the meaning of section 4A thereof; (b) the court shall observe the procedure and have the powers specified in sub-sections (2), (3) and (4) of section 31 of that Act; and (c) an appeal shall lie to the High Court from an order of the court refusing permission to the natural guardian to do any of the acts mentioned in sub-section (2) of this section. (6) In this section, “court” means the district court within the local limits of which the immovable property in respect of which the application is made, or any part thereof, is situated, or a court empowered under section 4A of the Guardians and Wards Act, 1890 (VIII of 1890). 80. Power of natural guardian. —(1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor’s estate; but the guardian can in no case bind the minor by a personal covenant. (2) The natural guardian shall not, without the previous permission of the court— (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor; or (b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority. (3) Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or any other person affected thereby. (4) No court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2) except in case of necessity or for an evident advantage to the minor. (5) The Guardians and Wards Act, 1890 (VIII of 1890), shall apply to, and in respect of, an application for obtaining the permission of the court under sub-section (2) in all respects as if it were an application for obtaining the permission of the court under section 29 of that Act, and in particular— (a) proceedings in connection with the application shall be deemed to be proceedings under that Act within the meaning of section 4A Part V, sec. 6, page 23.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES132 thereof; (b) the court shall observe the procedure and have the powers specified in sub-sections (2), (3) and (4) of section 31 of that Act; and (c) an appeal shall lie to the High Court from an order of the court refusing permission to the natural guardian to do any of the acts mentioned in sub-section (2) of this section. (6) In this section, “court” means the district court within the local limits of which the immovable property in respect of which the application is made, or any part thereof, is situated, or a court empowered under section 4A of the Guardians and Wards Act, 1890 (VIII of 1890). (84) (85) 81. Revocation of authority by natural guardian. —Where the natural guardian of a Hindu minor authorises another person to take charge of the minor, the authority is revocable except— (a) where it is not in the interests of the minor to permit revocation; or (b) where the natural guardian has ceased to be a Hindu; or (c) where for any other sufficient cause, it is not desirable to permit revocation. (86) 82. Testamentary guardian and his powers. —(1) A Hindu father may, by will, appoint a guardian for any of his minor legitimate children in respect of the minor’s person, or in respect of the minor’s property, or in respect of both; Provided that nothing in this section shall be deemed to authorise any person to act as the guardian of the person of the minor if the mother is alive and is capable of acting as the natural guardian of her minor child. (2) The guardian so appointed has, after the death of the father, the right to act as the minor’s guardian, and to exercise all the rights of a natural guardian under this Part to such extent and subject to such restrictions, if any, as may be specified in the will. (3) Subject to the provisions of this Part, a Hindu widow may, by will appoint a guardian for any of her minor children in respect of the *Dr. Ambedkar’s remarks, in his copy ‘Not to be moved’ —Ed.