SALE OF MINOR PROPERTY BY GUARDIAN

Hi, 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. If you find this answer helpful please rate my answer. Thank you.

Dear client, This is a complicated case and we cannot consult you online without looking into the document. You need to file a petition under the Guardians and Wards Act in the court of Guardianship Judge to seek the permission of the court to sell the share of her minor daughter. You cannot do it on your own, better consult a lawyer.

If she refuses to sign any affidavit then you should consider the said transaction as illegal since the minor son also holds and possess an equal share of right unlike his brother and mother but since he is a minor now therefore his mother is the natural guardian and has the right to take decisions on behalf of their minor son. She needs to provide a written consent to the buyer that she is providing her free consent for the same .The minor shall get his share of consideration money in the future after attaining the age of majority. If there is no evidence of consent provided by his mother on behalf of him and /or if he have not received the said consideration amount of his share after attaining the age of majority, then he may sue the other parties involved in the said transaction since he is also an equal share holder of that ancestral property.

It was necessary to challenge that sale either within three years from the date of execution of that Sale Deed or within three years from the date of attaining majority . In your case it is a matter of fraud so it is necessary to know when you came to know all these facts because on that basis legal opinion is required to be given.

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