Fund used from minor's account

Noor Mohammad (Querist) 15 December 2013 This query is : Resolved
Dear All please suggest that is there any protection in law if fund was used by natural guardian from minor's account to purchase land but builder was cheater he is not returning money back.

Police complaint copy and cheque payment proof is there for evidence.

Minor's account fund protection in indian Law.

Thanks,

Follow Query

Report Abuse

V R SHROFF (Expert) 15 December 2013
a person used minor's money or property is liable as it is without obtain court order

Noor Mohammad (Querist) 15 December 2013
Dear Sir,

Please explain it not clear.

Thanks

ajay sethi (Expert) 15 December 2013
for purchase of any property using minor funds you need court permission .

Devajyoti Barman (Expert) 15 December 2013
There is no special provision of law to protect property of minor.
The case of cheating will lie having the same course of action.

Arvind Singh Chauhan (Expert) 15 December 2013
Natural guardian can use minor fund there is no bar. But If any body has been cheated he may file FIR against builder.

Guest (Expert) 15 December 2013
Minor's account fund protection from whom, parents, legal guardian, or third party (builder) when guardians have made the transaction? Your query seems to be incomplete without such information.

You have also not mentioned whether the minor's account was opened by the parents/guardian out of affection or by guardians on court order?

Rajendra K Goyal (Expert) 15 December 2013
If the funds used by the guardian not for the benefit of minor, he is liable.

T. Kalaiselvan, Advocate (Expert) 15 December 2013
It is a case of cheating which has to be dealt with as per all other cheating cases, why do you want to brand it as minor's fund etc. ? to draw importance so that the offender can be dealt with much more harsher punishment/treatment? There is nothing wrong in the natural guardian using the minor's fund for the welfare of the minor child.

Biswanath Roy (Expert) 15 December 2013
Natural guardian of the minor is merely a guardian to look after and to take care of the minor but side by side he cannot act as a manager of the estate of the minor. Bank account of the minor is minor's estate which cannot be operated without any authority of law. It is strange how the Banker allowed you to operate a minor's account. I am sorry to say that you might have been suppressing something, otherwise Bank would not allow you to operate minor's account.

Guest (Expert) 15 December 2013
The author may also state what concern actually he has with the funds of minor's account when used by the natural guardian.

Biswanath Roy (Expert) 15 December 2013
You are also advised to file a civil suit for recovery of money and side by side you can register an F.I.R. against the cheater IN THE LOCAL THANA WHERE THE MONEY WAS TRANSACTED FOR CHEATING. Take help of a local lawyer.

Dr J C Vashista (Expert) 16 December 2013
1. File criminal complaint if cheating has been found to be committed.
2. The money of minor can be used for his/ her benefit otherwise even the naturan guardian (whether appointed or not) is responsible.
3. Engage a local lawyer

prabhakar singh (Expert) 16 December 2013
It is not clear that the agreement was made with builder in name of minor or only consideration paid was withdrawn from minors account by the guardian.
To me it is vital to decide if guardian and builder both have cheated the minor or guardian cheated minor and builder cheated guardian.

Noor Mohammad (Querist) 16 December 2013
Thanks to all for quick reply.
Actually i paid money by cheque from my daughter's a/c operated by me as a natural guardian my daughter is 4 years old.

Cheater builder has taken money & promissed to make registration but since one year he is neither doing so nor giving money back i had lodged complaint in police station PSI told me he has been cheating with many people same like this and directed me to file section 156(3)cr.pc.

my query is the fund was used from minors a/c so that court can order builder to return the money in protection of minors fund.

ajay sethi (Expert) 16 December 2013
if cops have told you to fie complaint under 156(3) do so . court will direct cops to investigate .you can as move consumer forum against builder to direct him to register property

Devajyoti Barman (Expert) 16 December 2013
Yes file case u/s 156(3) crpc without wasting time anymore.

Biswanath Roy (Expert) 16 December 2013
File a case against the BUILDER in consumers COURT for getting back your money along with interest and to put charge upon the property till recovery of money.

T. Kalaiselvan, Advocate (Expert) 16 December 2013
You may follow the advice of Mr. Biswanath Roy.

Rajendra K Goyal (Expert) 17 December 2013
Lodge complaint u/s 156(3) Cr.PC or lodge Consumer complaint as advised.

Fund used from minor's account

Similar Resolved Queries :