Legal heir

Nazir Shaha (Querist) 17 July 2013 This query is : Resolved
Hi

One of my friend's sisters and brother both died in an accident, leaving behind a son of 8 years old who stays with my friend from his childhood.

Now his uncle is making a claim as a legal heir of my sisters nephew with intention of selling their property.

Can someone guide me with few questions -

1. Can my friend (being maternal aunt of this boy) become legal care taker/ guardian of this boy?

2. What is the legal procedure to make this happen?

she stays in Mumbai, if you suggest any good but reasonable advocate who can help with this?

Regards,
Nazir

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Dr. Jyothi Vishwanath (Expert) 17 July 2013
Sister has to approach for guardianship of the child under Guardians and Wards Act, 1890. Welfare of the child is important. If that can be proved, Sister will get the guardianship of the child.

Nazir Shaha (Querist) 17 July 2013
to whom she need to approach?

Dr. Jyothi Vishwanath (Expert) 17 July 2013
She has to file application in the court.

Rajendra K Goyal (Expert) 17 July 2013
She should apply and try to get the guardianship through court.

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