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Swathi S Bhat (Advocate)     03 June 2010

Guardians and Wards Act

A maternal grand father of the minor female child (9 yrs) appointed as a guardian through a registered will by the mother of the minor.  Now by mistake, guardian sells the immovable property of the minor child as he was empowered to sell the property through will. He deposited the amount in minor's name and has not taken permission from the proper court of law. Now can he seek a guardianship certificate by producing the registered will?

  • Whether he is justified as he sold the property as he was empowered through will?
  • Whether court takes any harsh measures as he was not taken prior permission from the court?

                 Plz send favouring decisions..............

                                                                                  Thanking You

                                                                                     Swathi.S



Learning

 1 Replies

Manish Singh (Advocate)     03 June 2010

since you have been appointed as the executor of the Will and the trusty of the property, you must go through the provisions of the will to determine whther th sale done by you is legally tenable or not. if the Will authorises you to sell off the property for the benefit of the minor, you shall not be at fault.

 

also, see whether probate was necessary in your jurisdiction. 


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