Succession for minors

Shital bafna (Querist) 12 October 2010 This query is : Resolved
If male hindu died with his wife leaving two minor children(10 yrs &6 YRs) and mother.And if mother wants to attend succession certificate for all 3 heirs then while obtaining succession certificate when she applies to the court
1) is it necessary or legally bind that she approached the court with presence of two minors in court?
2)If minors are hospitalized at that time what is the procedure to obtain succession certificate?
3)When obtaining succession certificate on behalf of minor children is it legally bind to be legal guardian of children first?
4) If she obtained succession certificate on behalf of minors when they were hospitalized with the fact that she is not taking care of minors what should be consequences? when issuing succession to minors is there any legal procedure?please explain in Detail.
5)On the basis of these succession certificate of minor and her if she went to claim for compensation claim in MACT for death of her son and Daughter as well not only restricted to her legal share as per law of succession but also on behalf of minors as well only on basis of succession certificate without legal guardianship.is this punishable?
6)If More than one person is claimant for compensation due to motor accident including minors how MACT deal with such cases and what are requirement for filing such claim before MACT?
7) can paternal grand Mother of minor claim for share of minors (as per law of succession ) in compensation claim of dead mom and dad of both minors on behalf of them without she is being legal gurdian?

Follow Query

Report Abuse

Devajyoti Barman (Expert) 12 October 2010
1 & 2. Yes. The children would be represented bu their natural guardian - mother. No physical presence is required.
3. The mother is the natural guardian anyway.
4.No separate procedure is there for hospitalised children. Why are you so worried about the fact of hospitalisation of the children with the issue of succession certificate?
5. Yes all can claim but the compensation in respect of share of the children would be deposited in bank in the name of the children till they attains majority. The mother can not lay her hands on that amount.
6. Be specific on this aspect.