Info required on minor property protection under ipc / crpc
MSC Shekar
(Querist) 04 February 2013
This query is : Resolved
The following case example is given for the qurey herein
Case Example.
A Rich professional having a wife and a only girl child tragically dies in a accident following which the mother of this child also becomes sick and diseased.
Qurey:
In the above case example are there any possibility/provision/case laws in CrPC and/or IPC to protect the minor property and the minor and also to safeguard the minor property which she will bequeath in future?
This Case Example may be rarest of the rare cases, But Registration Department Officials (only District Registrar) are well wersed with these provisions but are HIGHLY RELUCTANT TO SPEAK ABOUT IT.
The problem is that in all such cases the child is made a victim and financially weak person with all property of hers being looted by others.
Hence I appeal to all the legal fraternity to enlighten me on this subject.
Thanks in advance.
Adv.R.P.Chugh
(Expert) 04 February 2013
There are ample safeguards laid down under the law :-
1. As soon as the man dies the property comes to be automatically vested in Wife and Child. After father Mother is the Natural Guardian of the child and competent to deal with the same, her powers to deal with the minor's property are not unfettered and she cannot sell/gift/lease for more than 5 years minor's property unless court's permission is obtained, however since mother also is incapacitated in this matter. She cannot take any decision if she is unable to contract due to sickess, however sickness should be such as to render her incapable of understanding the nature of her acts and forming a rational judgment as to it's effects, in this case hence - another person willing to take care of minor's persona nd property would have to apply for appointment as legal guardian, and such guardian can only deal with the property after court consents to the same. Any transaction by such guardians (called defacto if not court appointed) or by court guardian without court's sanction are void and minor can reclaim property.
In all these cases any unauthorised misappropriation or wrongful/dishonest conversion of minor's property is dealt adequately in criminal law -i nsections related to criminal breach of trust, misappropriation of property, mischief, cheating, forgery etc.
Hope this clears your doubts !
Bharat Chugh - Advocate Supreme Court of India
Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com
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Raj Kumar Makkad
(Expert) 06 February 2013
If mother of this minor child is incapacitated to such an extent that she is unable to do anything then any person can make a representation before the court to appoint a court guardian for such child.
