One more help required
Arvind Singh Chauhan
(Querist) 03 April 2012
This query is : Resolved
Sir,
Both husband and wife did suicide leaving small minor child, and some RD saving accounts in post office and also for claiming LIC deposits.
1. Whether post office can deposit these amount in saving account in the name of minor child equally ?
2. If post office requires succession certificate for their payment to uncle, whether legal guardianship is required of another relative to file no objection on behalf of children ?
3. Whether guardianship certificate may be obtained for receiving such payment. ?
Sir what may be shortest method, cheap method for this payment.
Shonee Kapoor
(Expert) 04 April 2012
The minor is the only legal heir.
The amount may be kept in a savings account/ any other account in the name of minor under the guardianship of closest male relative from father's side. If there is none, from mother's side.
For formal Guardianship, one can apply under GWA act, for declaring him the guardian of the minor and his properties.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 04 April 2012
The shortest way is to get the guardianship certificate from the civil court and use it as and where required to safeguard the interest of the minor.
Sankaranarayanan
(Expert) 04 April 2012
yes mr makkad given shortest remedy and advise
Guest
(Expert) 04 April 2012
Did you check if there exists any nomination in the RD and LIC cases?
In nomination cases, the P.O. or the LIC may not be bound to pay even to the holder of succession certificate unless there is specific order of the court as against the nomination.
In that case, you may have to claim the amount for the minor from the nominee only, not the P.O. or the LIC. In that case your approach may get much longer.
Shonee Kapoor
(Expert) 05 April 2012
I agree with Ld. Dhingra.
I had not approached the issue from this angle.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
