Appointment of guardian

This query is : Resolved 
 

(Querist)
24 February 2020

Dear sir, For filing a suit of damages for death of his father due to negligency of Corporation... Appointment of Guardian is Must if he has no other natural Guardian except his grand father... As of now minor reside with his grand Father... Can grandfather institite a suit on behalf of minor grand son..


kavksatyanarayana (Expert)
24 February 2020

The grandfather who is a guardian may file suit on behalf of the minor.

Raj Kumar Makkad (Expert)
24 February 2020

What about the mother of minor child?

Raj Kumar Makkad (Expert)
24 February 2020

If the victim child is residing under the guardianship of his grandfather, there is no requirement to obtain any Guardianship Certificate for filing suit for damages on behalf of minor grandson.

Dr J C Vashista (Expert)
26 February 2020

Vague and unbelievable statement has been posted.

Dr J C Vashista (Expert)
26 February 2020

It is advisable to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding.

Raj Kumar Makkad (Expert)
26 February 2020

In respect of minor’s person or property. a guardian called a Testamentary guardian will come into picture only on the death of father as well as mother. Similarly, mother can also appoint a testamentary guardian for her minor child. Where no testamentary guardian is appointed by a Hindu father/mother, the court can appoint a guardian for person or property of the Hindu minor

Ritesh Rathod (Querist)
02 March 2020

Sir Minor father and mother diead due to fall of tree... Which is under muncipal corporation now minor reside and maintain by his grand father...so can grand father file a suit for minor towards muncipality

Raj Kumar Makkad (Expert)
02 March 2020

Yes is the sole answer to your query. In the given facts, grand-father shall have to claim himself as guardian of the minor while filing the petition.

T. Kalaiselvan, Advocate (Expert)
22 March 2020

The grandfather should first file a petition under guardian and wards act seeking to appoint himself as guardian of the child for the reasons he may rely upon.
After being appointed as guardian for the minor child, in the same capacity he may file a suit which he may feel appropriate to the given situation or circumstances.

Raj Kumar Makkad (Expert)
22 March 2020

Generally Courts entertain the application seeking appointment of a guardina in the same petition/suit and once the said application gets decided, the suit or the petition is taken up for further action so htere is no need to initiate two litigations.



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