I am living in Kerala. My name is Unnikrishnan (50) married and father of two boys.
I have only one brother and his name is Madhu. He also married and they have only one boy(11yrs)
We got some land after the partition of our joint family's ancient property. I got some land on my name. My brother Madhu got some land and our old house also on his own name.
Madhu died (cardiac arrest) one year ago. Shockingly his wife Mrs.Jayashree also died in an tragic accident, one month ago. Their 11 year old child lost his father and mother.
Now, the boy under custody of Jayashree's mother (Grandmother of the minor).
Now l have three questions to you to clear our legal doubts.
1) Who will be the legal guardian of the minor child?
2) Who will be the legal care taker of Madhu's property, until the child become major?
3) What is my legal rights as Madhu's only one brother, on the minor child and the property until the minor become major?
A.1) parents are only natural guardian of a child. Other whoever wants the legal guardian they can approach the proper forum for legal guardianship for the minor.
2) The legal guardian of the child can be care taker of the property.
3) you have every right to apply for legal guardianship before proper forum and get it yours
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Geeta Singh
Responded 3 years ago
A.Mr.Unnikrishnan.
1. As custody of child is with grandmother so she is his legal guardian.
2. After death of madhu property transfer to his wife Jay shree and after her death property caretaker is her mother until child becomes major.
3. You can take care of minor property and minor so that no one can misuse of property
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Suneel Moudgil
Responded 3 years ago
A.1. the grandmother will be natural guardian of the child, however, you can also apply to become a guardian by filing a case in the concerned court,
2. the guardian, duly appointed by the court, will be the care taker,
3. guardian have no rights except to take care the property and the minor,
the properties in the name of the minor cannot be sold without the approval of the concerned court
Dear Client,
If your sister wishes to continue the marriage, then it is advisable to seek the assistance of a marriage/family counselor to resolve the issues. Otherwise, your sister can file a suit fo...
Dear Sir,
It depends upon the circulars issued by the State and Central Government. Normally, the income for the last preceding year will be taken into consideration.
Dear Madam,
All Indian laws are in favour of married women. You can file multiple cases against your husband like Domestic Violence, Maintenance etc., to bring your husband and his family members unde...
Dear Madam,
All Indian laws are in favour of married women. You can file multiple cases against your husband like Domestic Violence, Maintenance etc., to bring your husband and his family members unde...
Dear Client,
In the given scenario, being a Sr. Citizen, you can resolve the issue by exercising your rights available under different laws of the land. Amongst others, you can file a complaint again...
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