Charith 14 December 2016

Guardianship

Hi,

I know Mr X and Mr Y. Mr X is Mr Y's father's brother(uncle) and he doesn't have any kids infact Mr X wife has passed away. and Mr Y has a son (Z) of 2 years old...now can Mr X register his properties on Z himself as a guardian(Mr X)? what implications will we get if this happens in future?

Thanks,

Charith.

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13 Replies

Kumar Doab (FIN) 14 December 2016

It is believed that all of them are Hindu.

Confirm.

The owner can dispose self acquired properties/estate in owner's life time, in anyone's favor, by a valid deed.

Suri.Sravan Kumar (senior) 15 December 2016

According to my opinion Z is a minor and Y is his guardian and who is alive as such X cannot be a guardian as per law. X can execute WILL in favour of Z appointing Y as guardian to Z.

Charith 16 December 2016

Can anyone please tell me, how this works? like in movies we see, Minor will have all properties and Villians will be waiting for Minor to become major? what kind of act it is called..if you can give a link to the details would be greatful..

Suri.Sravan Kumar (senior) 16 December 2016

Dont compare your qry with cinema scene.

Kumar Doab (FIN) 16 December 2016

You were asked to confirm on:

'It is believed that all of them are Hindu. Confirm.'

You have not confirmed.

Kumar Doab (FIN) 16 December 2016

Agreed with senior Mr. Suri.Sravan Kumar.

Charith 16 December 2016

Its Hindu Family..I am not comparing my query with cenema scene..but would be intersting to know how it works?

Kumar Doab (FIN) 16 December 2016

Go thru; The Hindu Minority and Guardianship Act

Charith 16 December 2016

If X register all his properties to Z(who is minor) what implecations should we expect?

now forget about guardianship..

Kumar Doab (FIN) 16 December 2016

You have a query on real life situation or moot problem!

Charith 16 December 2016

its a real time..My relative has this situation

Kumar Doab (FIN) 16 December 2016

Take your relative to local counsel specializing in such/civil matters and his counsel may opine that he may adopt the child and/or may rnder another considered opinion..