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Rama   11 July 2024

The gift settlement deed - maternal grand-father as minor's guardian is allowed or not ?

Originally posted by : kavksatyanarayana
Usually, a father is the natural guardian of a minor child; in his absence or death, the mother will be the guardian.  No other person except the father and mother can be the child's natural guardian.

Dear Sir,

 

Happy to know that, You were retired Sub-Registrar , Hence I believe that, you possess complete knowledge about the Registration of the Settlement Gift Deed.

 

In the present Scenario, The Paternal Grand-Mother of the Minor Boy transferred the property through Settlement Gift-Deed in the year 2017, appointing the Maternal Grand-Father as Guardian to the Minor ( While the boys parents are alive). While the transfer is done, the parents of the Minor have complete knowledge and given their consent and approval to the minors grand-mother , to appint the guardian ( Maternal Grand-Father )

 

It was not objected by the Honourable Sub-Registrar and the same was executed and registered the Settlement Gift deed in the year 2017. 

 

But there some dispute with the minor's aunt ( Pinni ) and she illegally occupied the suit scheduled property and enjoying posession and collecting rents. To evict the illegal occupants , the maternal grand-father filed suit and the same is objeted by the counsel for the minor's aunt, stating that the transfer Gift Settlement is not valid since he can't be the guardian to the minor boy while boy's parents are alive.

 

The case is stillpending and unbale to understand how to tackle the situation.

Kindly requesting you give yur valuable suggestion.

 

Thanks



Learning

 2 Replies

P. Venu (Advocate)     11 July 2024

Please make the posting in the original thread.

T. Kalaiselvan, Advocate (Advocate)     11 July 2024

It was clearly explained in the previous post itself that as per law the grandfather cannot be appointed as guardian to the minor child hence gift deed itself would become invalid. 

Now the same issue has been raised in the court hence you await the court decision 


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