Interest of Minor Child
2 years ago
I am Located in Noida (UP). I seek opinion and way forward on the facts narrated.
My Niece Mrs “A” was residing in Hyderabad with her husband Mr “B” at Hyderabad in their own house having joint ownership of 50%. She was 7 months pregnant and came to Allahabad in Uttar Pradesh in her mother’s home Mrs “C” for her delivery in the month of March 2021 along with her 3-year-old daughter Miss “D”. She contacted Covid in the month of April and was hospitalised in Allahabad but unfortunately, she expired leaving her sole daughter “D” at her mother house Mrs “C” and in her custody.
My nice Mrs “A” was working as software professional and had left Rs 25 lakhs in FD, Rs 30 Lacs in LIC Policy and Rs 10 lacs in PF Account and in all these accounts she has nominated her husband Mr “B” as nominee.
My sister Mrs “C” want to have custody of minor girl Miss “D” as she knows that Mrs “A” in -Law are greedy and will ill-treat the minor girl “D” and will try to marry Mr “B” and after her father marriage , minor girl will not be taken care of well.
The father of minor girl Miss “D” want to take custody of her, so that he can withdraw all the money left by her deceased mother Mrs “A” and after withdrawing all the money, minor child may be left unattended.
In the above facts, my queries are as follow
1) Who are legal heirs of Mrs “A” and have right to receive money left by Mrs “A” considering that deceased husband is nominee in all the Bank & LIC Policy. Whether minor girl has 50% shares in the money left by her deceased mother.
2) We want that all the money left by Mrs “A” which she has earned through herself be deposited in the name of minor daughter Miss “D” under the trusteeship/guardianship of her Nani i.e Mrs “C”. what will be the procedure for that, so that life of Minor girl is well taken care of. Mr “B” want the money deposited in name of minor but under his guardianship. If that is done whether he can misuse the money and how to ensure that money is not misused by her father Mr “B” after he marries and it is only withdrawn after the minor girl attain majority.
3) Who has right of custody over the minor child. Whether minor child Nani Mrs “C” can have custody and what basis court can grant her the custody, considering that Mrs “C” is 60 years old and has rental income. what is the settle law of land regarding this. If Hypothetically, custody of child is handed to her father Mr “B” and he ill treat her, what will be remedy available to her Nani Mrs “C” to take back the custody of minor girl.
4) Pl advise anything extra in the interest of Minor child, considering that she lost her mother at the tender age of 3 years and very long to live.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
- Custody rights of minor girl is with natural guardian i.e. father.
- Grandmother is already 60 so it already goes against her.
- You have to prove that father is not taking care of minor and then get guardianship of minor.
- Father can not misuse the money, you can enforce audits.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
सम्पत्ति मे बेटी 50%की भागीदार रहेगी।
पत्नी द्वारा पति को नोमिनी बनाया हैवह नोमिनी ही रहेगा।
नानी को कस्टडी अपवाद स्वरुप स्थति मे ही दी जा सकती हैं।
यहाँ पर ऐसी स्थिति नही है।
Your deceased niece's legal heirs will be her children and her husband. Since the husband is the nominee in all of the bank and LIC policies, he is legally obligated to sell or assign the property to the deceased's legal heirs. As a result, the minor girl has a 50% share of the money left by her deceased mother, and the parent, as the nominee, must give the minor girl her 50% share of the money left by her deceased mother, even if he remarries and has additional children. If the husband agrees to keep all of the money for the child under guardianship, he is only entitled to compensation for his time if the court approves it. The payout cannot exceed 5% of the ward's gross income after that. You should draw an agreement that includes these terms and present it to the court, as well as demand a prompt audit to ensure that the money is not being misappropriated. When it comes to child custody, the wellbeing of the child is of paramount importance to the courts; thus, if you believe her paternal grandparents would mistreat her, you must prove it in court with sufficient proof. Since custody is temporary and guardianship is permanent, nani can apply for custody again if she is denied the first time. It is recommended that you reach an agreement on the custody issue by mutual understanding, and draw an agreement that specifies that money can only be used for the child's welfare since it appears the father is willing to do that. Also, only after analysing the records and learning all of the truth about the husband and his relatives, further relief and legal advice can be given.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
The legal heirs of your deceased niece will be her children and her husband. Since the husband here is the nominee in all the Bank & LIC Policy still is legally bound to transfer or distribute the property to the legal heirs of the deceased. Therefore, the minor girl has 50% shares in the money left by her deceased mother and the father i.e. nominee will have to give the minor girl her 50% share in the money left by her deceased mother even if he remarries and has more children. If the husband agrees to keep all money for the child under a guardianship then as a guardian of the person, he is entitled to compensation for his time only upon court's approval. The compensation cannot exceed five percent of the ward's gross income. An agreement can be drawn mentioning these conditions before the court as well as you can demand a timely audit to ensure that the money is not misused. As far as the custody of the child is considered, the welfare of the child is of prime importance for the Courts therefore, if you think that her paternal grandparents will mistreat her you will have to prove the same in court through proper evidence. Custody is temporary whereas guardianship is permanent so Nani can again file for custody. It is advised that you agree upon the custody issue through mutual understanding and as far as the money is considered, draw an agreement that stipulates that money will only be used for the welfare of the child. Additional remedy and legal advice can be provided after analyzing the documents and knowing the full facts concerning the husband and his family in detail.
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