
Powers of Natural Guardian are mentioned in Section 8 of the Hindu Minority and Guardianship Act.
The person acting as natural guardian is competent to do all acts in good faith for the benefit of the minor. However, his powers are restricted when he transfers the property by sale, exchange or any other manner or mortgages the same or create charge on it. His powers are also restricted if he leases out the property for a term of more than five years or for a term extending beyond one year of his attaining majority. Before taking such actions, the guardian needs to obtain the previous permission of the competent court. In case he fails to take prior permission of the court, the actions taken will be **voidable** at the instance of the minor who can repudiate the action and decline to be bound by them.
A case on point is M. Arumugam v Ammaniammal & Ors. Where the share in property acquired on partition of the family property by the deceased coparcener was inherited by his wife, two sons and three daughters. The youngest daughter at the time of partition was minor. The mother, acting for herself and as the natural guardian of the minor daughter, along with the two daughters, relinquished their shares in favour of the two sons who became owners of the entire property. Later partition was effected between the two brothers. After becoming major, the daughter filed a suit for partition challenging the right of the mother to relinquish her share as natural guardian.
