Civil Procedure Code (CPC)

Can mother encash demand draft in name of her minor child?


A mother has received a demand draft in name of her 8 yr old child ten days ago as maintenance of child from his father in court .How can it be encashed by mother now ?

 
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Assistant

Open a joint account in the bank with the minor and deposit the same in the account and then utilise it for thebenefit of the minor.


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Senior Partner

1. By opening a Under Guardianship (U/G in short hereinafter) Saving Bank Account in the name of minor, she being natural mother guardian of the minor.

2. Document required by bankers are; address proof of guardian and date of birth certificate true attested copy of minor.

3. The first deposit to open U/G Account has to be done in cash by natural mother.

4. Nationalised Banks gives passbook and cheque book facility. Private banks such as IDBI / HDFC / ICIC to name a few even give Debit Card  Advantage is to open such U/G S/B A/C with Nationalised Banks for a simple reason they come under RTI Act and have PIO’s designated and RTI reply are admissible as Evidence as per IE Act.

5. With each withdrawal using a cheque book mother has to write an undertaking at the back of respective cheque leaf wording such as “the amount being withdrawn is for the welfare of the minor” .  

6. Court order is not necessary pre-requisite for opening such U/G banking a/c. KYC is Norm as per RBI guidelines now-a-days.

 

Above are suggested guidelines as best practice when a minor is in brush with custody / maintenance Laws.

 
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