Guardianship of minor

atul (Querist) 27 November 2017 This query is : Resolved
A lady died few days back intestate left behind 3 children one of them is minor.the father of children has also died.The lady has some amount left in bank account.the adult child is claimant of the amount with two ready to execute letter of disclaimer.the question is who will sign letter of disclaimer on behalf of the minor child?

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Ms.Usha Kapoor (Expert) 28 November 2017
IF A NEIGHBOR OR SOME OF HER CLOSE RELATION,APPLIES FOR GUARDIANSHIP OF CHILDREN UNDER HINDU MINORITY AND guardians SHIP ACT R/W GUARDIANSHIP AND WARDS ACT THE COURT WILL ENQUIRER INTO ALL THE CIRCUMSTANCES OF THE CHILDREN AND APPOINT A SUITABLE PERSON AS GUARDIAN FOR THE CHILDREN AND THEIR PROPERTY.THE GUARDIANSHIP OF THE PERSON CONTINUE TILL THE CHILDREN ATTAIN MAJORITY.

Vijay Raj Mahajan (Expert) 28 November 2017
Better ask the bank if both the adult siblings can sign the letter of disclaimer on behalf of the minor sibling in such case. Going to the court for getting the official guardianship of the minor by the adult siblings will take lot of time and money. Most of the banks in such cases do cooperate and release the funds of the deceased account holders to the legal heirs on minimum documentation and formalities.

Ms.Usha Kapoor (Expert) 28 November 2017
If you appreciate my answer please give me likes.

P. Venu (Expert) 28 November 2017
Why this question as to disclaimer?

Dr J C Vashista (Expert) 29 November 2017
Under which provision of law/rule the bank can seek alleged "disclaimer" on behalf of minor?
How can the other siblings get the share of minor?
Consult a local lawyer if the story has "some" truth, which I find it as hypothetical.