Legal Guardianship
A A Kumar
(Querist) 01 February 2011
This query is : Resolved
I have my brother and her wife who has expired intestate and they have their two children boy/girl aged 14/12 respectively. As per the Succession i understand that they are Class I Heir and they alone will inherit the property left behind. Please let me know when is the age when they become major. Till Such time, one need to be a legal guardian for both of them, who are the natural guardians inthis case. Just to add the Grand mother/father of both the child from Brother side has expired. Grand mother of both the child form Sister side is alive. Uncle and Aunt from both the side are alive.
Amit Minocha
(Expert) 01 February 2011
apply to Court for appointment as a guardian.
Advocate. Arunagiri
(Expert) 01 February 2011
For what purpose you want the appointment of legal guardian.
Uma parameswaran
(Expert) 02 February 2011
When the children attain 18 years they become major.Grand parents name or Uncle or aunt's name can use as Guardian name.For any legal issue arises then Guardian needs to be appointed through Court. For educational purposes the above mentioned persons can sign as guardian. When elder child become major then he can become the guardian to his younger one.
M V Gupta
(Expert) 02 February 2011
The paternal uncle i.e., yourself and the maternal garnd mother can act as defacto guardians and either of them can have custody of the children and take care of their needs. But, the defacto guardians cannot deal with the property of the minor children if any. The children will attain majority on their attaining the age of 18years.
