Guardianship
kavitha kanive
(Querist) 21 September 2013
This query is : Resolved
when both the parents are dead, can the elder daughter represent her younger brother who is 17 as a minor guardian in entering the sale agreement to sell the property?
V R SHROFF
(Expert) 21 September 2013
One need Court Order to sell property of minor, even if minor have parents alive.
Even own father need court order to sell / trf property of his minor son/ d.
So better sister should wait for a year , till her son becomes major.
It will otherwise also take a year to get court order to sell minor guardian in entering the sale agreement to sell the property.
Raj Kumar Makkad
(Expert) 21 September 2013
She can definitely represent as a guardian of her minor brother subject to permission of the court in this regard.
Rajendra K Goyal
(Expert) 21 September 2013
Well advised by the experts, nothing more to add.
prabhakar singh
(Expert) 21 September 2013
A sister is not a natural guardian.She would need to apply for her being appointed as guardian before District Judge of the Jurisdiction but it is quite possible that before it matures for order,the minor brother already 17 may attain majority mean while even before the order,making the proceedings redundant,hence prudence lies in following advice of Mr.V R SHROFF.
Better wait for a year.
Dr J C Vashista
(Expert) 22 September 2013
Correctly advised by experts, I completely agree with them, or get yourself appointed guardian of your brother if you feel so, it would be better to wait for just few months when your brother attains the age of 18.
R.K Nanda
(Expert) 22 September 2013
nothing to add more.
