Legal guardian of minor

J. P. Shah (Querist) 28 April 2010 This query is : Resolved
A Hindu widow lady expired intestate. She has major son and a minor son. Can major son be treated as natural guardian for claiming deposits from a bank ? or he will have to obtain legal guardianship from court under Guardianship & Wards Act.

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adv. rajeev ( rajoo ) (Expert) 28 April 2010
He has to obtain first guardianship certificate of minor by filing a case G & W and after that he has to file P & Sc case himself and on behalf of the minor to claim the bank deposit.

Raj Kumar Makkad (Expert) 28 April 2010
Court permission is required.

Suryanarayana Tangirala (Expert) 28 April 2010
He can file Petition for grant of Succession certificate making the minor also as a party and a permission petition to represent minor is sufficient no need to file a separate case under Guardians and Wards Act.

niranjan (Expert) 28 April 2010
Though Mr. Suryanarayan advise is correct,but as this question is also involved with the property of minor,I think Mr. Rajoo's advise is befitting tothe situation.

J. P. Shah (Querist) 29 April 2010
Thanks a lot

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