Affadavit for minor
Rakhi
(Querist) 18 May 2015
This query is : Resolved
Dear Sir
I have recently got mutual funds transmitted to my name after my husbands death.One of the company's is refusing on the grounds of documents not provided.My query is
1.After the death of my husband,my two sons who are minors and my mother in law are the only survivors.I have submitted indemnity bond + indiviual affadavit from my mother in law and myself.I have mentioned my sons name in my affadavit and have also got it signed as they are minors and I am the legal guardian.Now the company wants me to provide indiviual affadavits from both my sons and that also on a stamp papers of Rs 600 each.I fail to understand that if they are minors is separate indiviual affadavit required from them also ?Why should I spent Rs 1200 again When I have already spent money on indemnity and affadavits.
2.The birth certificate provided to prove their age as minors does not have their name on it as it was from the hospital at birth.Can I not provide someother document like passport or aadhar card to prove their age?Why is the company not accepting other documents?Because otherwise I need to approach MCD to get their namesprinted on it.
THis is the only company which is asking for indiviual affadavits from minors as I have got my funds transmitted in all other companies on basis of my indiviual affadavit only.
I am feeing harrased.
kavksatyanarayana
(Expert) 18 May 2015
@Author, what are conditions mentioned in the certificate of funds? as per conditions, if it is necessary, you have to give separate affidavits for all the legal heirs of the deceased. though your sons are minors, you have to sign on behalf them separately. But the stamp duty is very less normally Rs.10/- to Rs.20/- though the rates are different from one state to another state. Please ask the required documents regarding the mutual funds transfer under RTI Act. if any problem consult a local lawyer who has knowledge in this type of related matter.
Rajendra K Goyal
(Expert) 19 May 2015
From which state you and the company belong? Affidavit is to be given by natural guardian on behalf of minor.
On the practical aspect,If you proceed to obtain succession certificate, it would be time and more costly affair. In such circumstances, submitting these documents having no legal value is cheaper and easier to get the work done.
