Appointment of guardian

Ritesh Rathod (Querist) 24 February 2020 This query is : Resolved
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..

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This discussion clarifies whether a grandfather can file a lawsuit on behalf of his minor grandson, especially when the parents have passed away due to negligence. It confirms that a grandfather, residing with and maintaining the minor, can indeed act as the guardian to institute such a suit. While courts may prefer a formal appointment under the Guardians and Wards Act, it's often possible to address guardianship within the initial lawsuit itself, avoiding separate proceedings.

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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