LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Neeru Rajoriya   23 November 2023

Can a bank issue dd in favor of a minor child

Property owner is a minor child of 17 years old and his Mother and natural guardian selling his property, vide order under section 8 of Hindu Minority and Guardianship Act. Buyer is taking a home loan from Bank. So, should bank make demand draft in favor of minor or mother? If DD is made in favor of minor then can they encash the DD in minor bank account where his PAN number is there and mother is guardian.



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     23 November 2023

Mother may open an account favouring minor in any nationalised bank representing as guardian with necessary identification of herself as mother and requirements under Know Your Customer(KYC) norms and produce a certified copy of the court's order, if any available or you can ignore the court order.

most banks would accept cheques issued in the name of the guardian as well. Such an account may be operated by the guardian or by the minor himself, if his age is over 10 years. In case of a minor’s account which is operated by the guardian, the right of the guardian to operate the account will cease upon the minor attaining majority. Any balance in the account will be deemed to be the exclusive property of the minor who has attained majority, and further withdrawals from the account will be allowed to the erstwhile minor alone, after the procedural formalities have been completed. 
 

Sanskriti Tiwari   24 November 2023

In this scenario, the bank should ideally issue the demand draft (DD) in favor of the minor, given that the property belongs to the minor and the mother is acting as the natural guardian. The DD should be made out in the minor's name since the property being sold is under their ownership.

However, regarding encashing the DD in the minor's bank account where the PAN number is registered, there might be certain complexities. Minors usually cannot operate bank accounts independently. Therefore, the mother, acting as the natural guardian, would usually have the authority to manage the minor's bank account.

In the case of encashing the DD, the bank might require specific documentation and verification to ensure that the funds are utilized for the minor's benefit, aligned with the guidelines under the Hindu Minority and Guardianship Act. The mother, as the natural guardian, would likely need to provide relevant documentation establishing her authority to act on behalf of the minor and handle financial transactions involving the minor's assets.

However, it's crucial to seek legal counsel or guidance from a professional well-versed in property transactions involving minors to ensure compliance with the legal framework governing such transactions. The specifics can vary based on regional laws, and legal expertise is necessary to navigate this situation accurately and lawfully.

1 Like

P. Venu (Advocate)     30 November 2023

A minor can't open a savings account by law. However, a parent or guardian can open a joint or custodial account for a minor. 

To open a minor account, you may need the following: 

  • Identity and address proof
  • Child's birth certificate
  • Parent's PAN card information

Some banks may require a child to be at least seven years old to open an account. 

Here are some banks that offer minor accounts: 

  • HDFC Bank
  • IDFC FIRST Bank
  • State Bank of India
  • Federal Bank

Minors can also open debit cards and credit cards with parental consent. 

This is not professional financial advice. Consulting a financial advisor about your particular circumstances is best.

 

 

 

 

 

 

 

 

 

 

It is better that the concerned Bank is consulted.

 

 

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register