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guardian act

(Querist) 29 August 2016 This query is : Resolved 
Who should be appointed as caretaker of a minor s property got from his father after his death even her mother remarriage with other man.the case is from district Unnao Uttar pradesh
Sudhir Kumar, Advocate (Expert) 30 August 2016
vague query
Ms.Usha Kapoor (Expert) 30 August 2016
Dear Client,
Dear Client,

In guardianship matters the child's welfare is the paramount consideration. If not mother or step father anyone who is interested in the child's welfare any other relative comes forward and gets impleaeded in guardianship proceedings of the court under Hindu Minority and ''Guardianship Act if the court is satisfied that such person really can take care of the child and its future without any bias or ulterior motive, the court would appoint him as guardian and puts the child under his custody.
R.K Nanda (Expert) 30 August 2016
Query unclear.
N.K.Assumi (Expert) 30 August 2016
The immediate guardian of the minor if available, and if not available, the District Collector may be appointed by the Court for the welfare of the minor to take charge of the property of the minor in absence of any fit persons.
Rajendra K Goyal (Expert) 30 August 2016
Please state clear and material facts.
Kumar Doab (Expert) 30 August 2016
Post detailed facts of the matter.
Guest (Expert) 30 August 2016
Dear Vijay Shankar Singh,

How you are concerned with the minor or his property? Discuss the bakground of the case in detail.

Also, why you are interested to make some one else the guardian of the minor, when his/her real mother is alive? Who else other than his/her mother can look after child's welfare?

Also, if you are of the opinion against her mother, why do you feel that remarriage of child's mother debars her from being treated as child's guardian?
P. Venu (Expert) 31 August 2016
Yes, in the normal course, mother is the guardian in the normal course. The query does not reveal any reason for the author's concern in the matter.
Kumar Doab (Expert) 31 August 2016
The author may respond to the points raised by Expert Shri P.S.Dhingra, Shri P.Venu.
Rajendra K Goyal (Expert) 02 September 2016
It seems author has preferred to keep mum.


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