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Mohammad   20 September 2023

Can i make court as legal guadian my minor kid

I am Muslim women, My husband passed away in 2022. I have one boy with 4 years. My husband has nominated his death claims 50% to his mother and 50% to wife. But My in Laws has issue in that, they told as Per Islam I will get  only 1/8. So I have file suit in Court for succession certificate. After that I got to know that, As per muslim law , mother will get 1/6, father will get 1/6, widow will get 1/8 and remaining share will got to Minor Son and for My Son's amount my Father will become legal guardian. My question is, I dont want to be my Father in law  as Legal Guardian, as they are money minded people. Is it possible, COURT will be the legal guardian for my son and they will pay yearly maintenance amount to me from My son's share. 


 2 Replies

Dr. J C Vashista (Advocate )     20 September 2023

During your life time you will be his (your son's) guardian and none else can be appointed as his guardian,particularly when you have objection for your father in-law to be appointed as guardian .

What is the opinion and advise of your lawyer who is well aware about the facts and law ? follow it.

Real Soul.... (LEGAL)     20 September 2023

Mother is natural guardian of child and you should file for custody of child under Wards guardian act . If your husband nominated benefits as 50% to your share then how come the same is divided as per sharia, that is not any ancestral property, your presentation has been wronged; you should challenge the order in higher court, I think you need a good lawyer . look for some efficient advocate

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