Sapan Bagla 12 March 2021

Child custody and rights to girl child after mothers death

My younger sister aged 26 expired an year ago and she had a daughter who was 3 months old at the time of her death. Her daughter was with me since she was born . Now the father of the child tool her away from me as my sister was govt servant. and due to death of my sister a pension is started in the name of the daughter by the department . is there any solution or law to take custody with her nana and nani and law regarding her rights in her fathers property and all assets so that after 18 years her future will be secured.

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4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 13 March 2021

1. AFTER death of biological Mother, "ONLY & ONLY" the Father is the legal Guardian for "ANY & ALL" purposes, without any exceptions and no other relatives can claim the Child, Property or any other benefits that would have belonged to Mother.

Keep Smiling .... Hemant Agarwal
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SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 13 March 2021

Why do you believe Sir that the father of the Child who took away the baby shall not take care of her? Was there any problem?

P. Venu (Advocate) 13 March 2021

Is the husband of your late sister remarried? How else, the child is eligible pension? Even otherwise, is there any circumstances which renders the father undeserving for the custody of the child?

lawyer_rajiv (9811284735) (lawyer) 13 May 2021

Law does not refrain you from filing a petition for custody in case you have a strong case against the child's father. But in case the father is taking good care of his daughter, then there is a little you can do in this matter. As far as the self acquired assets of the father are concerned, it is upto him to bequeath the same in the name of his daughter or any third person. The daughter would still have her right to maintenance.