Process to withdraw money in case of minor for its benefit

Querist : Anonymous (Querist) 14 June 2020 This query is : Resolved
if in motor accident claim case , the case is decided and legal guardian is appointed for minor to take care of that amount and that legal guardian is being dead then what is the procedure to withdraw the amount if minor need that for his own benefit and use due to certain circumstances in emergency conditions.

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Dr J C Vashista (Expert) 15 June 2020
Apply for appointment of new guardian through next friend of the minor seeking interim permission for withdrawal of amount from Bank/ FD / other account maintained in the name of minor.
Attach original death certificate of guardian, FDR/Saving /other account required to be operated by applicant.

Querist : Anonymous (Querist) 15 June 2020
thanks alot sir, one more question under what provision it is filed ?

Raj Kumar Makkad (Expert) 15 June 2020
Guardina of such minor can be got appointed by the court under section 7 of the Guardian and Wards Act, 1890 which is submitted as under:

Power of the Court to make order as to guardianship.—
(1) Where the Court is satisfied that it is for the welfare of a minor that an order should be made—
(a) appointing a guardian of his person or property or both, or
(b) declaring a person to be such a guardian the Court may make an order accordingly.
(2) An order under this section shall imply the removal of any guardian who has not been appointed by will or other instrument or appointed or declared by the Court.
(3) Where a guardian has been appointed by will or other instrument or appointed or declared by the Court, an order under this section appointing or declaring another person to be guardian in his stead shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of this Act.

P. Venu (Expert) 15 June 2020
Who had appointed/designated the legal guardian initially? The same authority needs to be approached.

Rajendra K Goyal (Expert) 15 June 2020
For appointment of guardian, court has to be approached.
For emergency need of funds, permission from court need to be obtained.

Querist : Anonymous (Querist) 15 June 2020
thanks to all the experts for given replies ...

Dr J C Vashista (Expert) 16 June 2020
You are most welcome.

Rajendra K Goyal (Expert) 16 June 2020
You are welcome, may revert in case of any further question on the problem.

Raj Kumar Makkad (Expert) 16 June 2020
You are always welcome as and any legal problem comes before you.

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