HINDU MINORITY AND GUARDIANSHIP ACT, 1956

(ACT NO. 32 OF 1956)

An Act to amend and codify certain parts of the law relating to minority of guardianship among Hindus

Be it enacted by parliament in the seventh year of the Republic of India as follows:-

1.       Short title and extent.- (1) This Act may be called the Hindu minority and Guardianship Act. (2) It extends to the whole of India except the state of Jammu and Kashmir and applies to Hindus domiciled in the territories to which this Act extends who are outside the said territories.

2.       Act to be supplemental Act VIII of 1890.-  The provisions of this Act shall be in addition to, and not, save as hereinafter expressly provided, in derogation of the Guardians and Wards Act, 1890.

3.       Application of Act.- (1) This Act applies,

(a)           To any person who is Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj,

(b)          To any person who is a Buddhist, Jaina or Sikh by religion and

(c)           To any other person domiciled in the territories to which this Act extend who is not a Muslim, Christian, Parsi or jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

      Explanation.- The following persons are Hindus, Budhhists, Jainas or Sikhs by religion,as the case  may be:-

                            I.            Any child, legitimate or illegitimate, both of whose parents are Hindus Budhhists, Jainas or Sikhs by religion;

                          II.            Any child, legitimate or illegitimate, one of whose parents is a Hindu, Budhhists, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group, of family to which such parents belong or belonged; and

                        III.            Any person who is a convert or re-convert to the Hindus, Buddhist, Jaina or Sikh religion.

(2) Notwithstanding anything contained in sub-section (1), nothing contained  in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in Official Gazette, otherwise directs.

(3) The express “Hindu” in any portion of this Act shall be constructed as if it included a person who, though not a Hindu by religion, is nevertheless, a person to whom this Act applies by Virtue of the provisions contained in this section.

Maintenance of dependents -

Maintenance Legacy 

Maintenance of wife. 

(1) Subject to the provisions of this Act, a Hindu wife, who is married before or after the commencement of this Act, shall be entitled to be retained by her husband during her lifetime. 

(2) A Hindu wife shall have the right to abstain from her husband, which would disprove her maintenance claim, - 

(a) If she is guilty of desolation, she says, to leave her unqualified reasonable cause  For and against his will or against his will, or willfully neglecting him, 

(b) if he has treated her with such cruelty to instill in her mind a reasonable apprehension that it would be injurious or injurious to live with her husband;  

(C) if he is suffering from leprosy;  

(D) if he has a second wife;

(e) if he keeps a concubine in the same house in which his wife is living or habitually resides in another place; 

(f) If he has ceased to be a Hindu by convertion to another religion;  

(g) If there is any other cause justifying her living separately.

(3) A Hindu wife shall not be entitled to live and maintain a separation from her husband if she is unwell or is not a Hindu by conversion from any other person.

Maintenance of widowed daughter - in - law.-

(1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father - in - law: 

Provided and  to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance, 

(a) from the estate of her husband or her father or mother,  or 

(b) from her son or daughter, if any, or his or her estate. 

(2) Any obligation under sub - section 

(i) shall not be enforceable if the father - in law has not the means to do so from any coparcenary property in his possession out of which the daughter - in - law has not obtained any share  , and any such obligation shall cease on the re - marriage of the daughter - in - law

Who is the holder of cheque:

The “holder” of a promissory note, bill of exchange or cheque means any person entitled in his own name to the possession thereof and to receive or recover the amount due thereon from the parties thereto.

Where the note, bill or cheque is lost or destroyed, its holder is the person so entitled the time of such loss or destruction.

The term “holder” as defined in Section 8, would not include a person, who, though in possession of the instrument, had no right to recover the amount due from the parties thereto, such as the finder of a lost instrument payable to bearer or a thief in possession of such an instrument, or even the payee, himself if he's prohibited by an order of  Court from receiving the amount due on the instrument. But a holder of a pronote in whose favour it was endorsed by a payee can file suit in his own name even though he is not a holder in due course.

No person can sue on a negotiable instrument unless he's named there in as the payee or has become entitled to it as endorsee or has become the bearer of an instrument payable to bearer. All that the expression “any person entitled in his own name” means is that the person should be entitled to possession in his own name and Sue upon it though his name does not appear on it. This expression was introduced to buy the legislature with a view to prevent anyone from claiming the rights of a ‘holder’ on the ground that the ostensible holder is only a name lender. These words are used to purposely to avoid benami transactions. But the principal that one who is not a ‘holder’ cannot sue to recover money due under a negotiable instrument is inapplicable to cases where a Note or bill develops by operation of law

What are the liability of Troy of cheque the Droid of a cheque having sufficient forms of the dryer in his hands properly applicable to the payment officer cheque must pass the cheque when the lyric wires sold to do and in default of search payment must compensate there over for any lost or damage caused by search default on the visual examination no sign of forgery or tampering with the ratings on the cheque could be detected by the bank there was evidence on record that the agent of the bank had taken the character verified serial number of the cheque the signature on the cheque with the specimen signature of the constituent namely the drawer and honor true stroke teeny off the cheque visually no defect could be detected by him the drawer and head sufficient amount in the bank to cover the set amount set payment and the cheque subsequently there or what after receptive statement of account rest and objection that the amount of cheque what strongly debated for rupees 6500 the agent of the bank thereafter examiner cheque under the ultraviolet rain lamp and found that the writing on the cheque was chemically altered with regard to dirt dirt the name of the pay and also the amount there are my demons to the bank to Credit the same amount to his account it was held that intersection 31 the bank and liability to Hannah does set cheque and made payment if the cheque was otherwise in order payment India Court under Section 10 minutes payment in accordance with the Opera antenna of the instrument in good faith and without negligence in fact in the fact of the case there was no occasion food out about the chain Uranus of the cheque from the apparent a note of the instrument the payment of the state cheque and not be sure to have not been mad in good faith Bank a note visa to be guilty of negligence simply because and ultraviolet read lamp was not kept in the branch and the cheque-in question was not subjected hundred or a little lamb but even then it cannot be said that all done or 4:30 could be detected on visually scrutiny on the apparent channel of the cheque-in kitchen and the reasonable care by the way of

Off additional precaution and by not taking such extra precaution the bank may be hella guilty of negligence

 Go Through this article to know about 

"How to file a case in consumer court"

Project delays, property frauds, defaults on agreement ― a home buyer would go through these things or more if he somehow ends up buying a project with a wrong or  a defaulter developer. The lengthy trials in courts would only add insult to injury. Therefore, to make things easier, consumer courts had started accepting those real estate cases where the purchased good or services are even less than the value of Rs 1 crore. You don't even need to hire a lawyer for filing a complaint in the court called Consumer court.

So, what do you do? ‘How to file a case in consumer court’

Or Consumer forum online complaint
Or Consumer court complain format

Step 1

Send a notice to the developer or construction company, before filing a formal complaint. It is important for the consumer to give notice to the opposite party regarding the deficiency in service or unfair practice. This is to see if the other party is willing to offer the compensation to make the good the loss suffered by the consumer. If the developer refuses or neglects the notice, the you can approach the consumer court.

Step 2

Submit a formal complaint under the Consumer Protection Act, 1986. You need not hire a lawyer for filing the suit. Fill this complaint form and submit it to the commission. On a plain paper, mention the details of the complainant and the opposite party. Otherwise, you can consult consumer grievance redressal forums which also help consumers in filing and forming petition at nominal charges. One such non-governmental organisation is International Consumer Rights Protection Council.

You can also file the complaint online: www.consumerhelpline.gov.in

Step 3

You have to submit the fee through a demand draft. The consumer forum follows difference jurisdiction to entertain complaint:

·         If the claim is for less than Rs 20 lakh, the District Consumer Disputes Redressal Forum will hear the plea.

·         If the claim is for more than Rs 20 lakh but less than Rs 1 crore, the State Consumer Dispute Redressal Commission will entertain the complaint.

·         If the claim is more than Rs 1 crore, the National Consumer Disputes Redressal Commission will attend to the plea.

Fee details

For district forums

·         Up to Rs 1 lakh: Rs 100

·         Between Rs 1-5 lakh:  Rs 200

·         Between Rs 5-10 lakh: Rs 400

·         Above Rs 10 lakh and up to Rs 20 lakh: Rs 500

For state forums

·         Above Rs 20 lakh but less than Rs 50 lakh: Rs 2,000

·         Above Rs 50 lakh and up to Rs 1 crore: Rs 4,000

For the National Commission

·         A standard amount of Rs 5,000

Types of defaults you can complain against

·         Sub-standard work

·         Construction without approvals

·         Construction on illegally acquired land

·         Fraud in booking

·         Change of land use, layout plan, structures with the approval of allottee

·         Hidden charges

·         Enhanced external development charges

·         Cancellation of the project

·         Forfeiture of the amount

·         Delay in delivering possession

·         Creation of third party interest

·         Not providing completion certificate

You can also contact the Consumer Helpline number on 1800-11-4000 in the case of any confusion or to file a complaint on call.