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iti (ni)     27 November 2012

Can mother encash demand draft in name of 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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 5 Replies

c.p.s. ramachary (1500)     27 November 2012

Mother may open an account favouring minor in any nationalised bank representing as guardian with necessary identification of herself as mother and requirements under Know Your Customer(KYC) norms and produce a certified copy of the court's order. 

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Tajobsindia (Senior Partner )     27 November 2012

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 / ICICI / Axis Bank just 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cheque book mother has to write an undertaking at the back of respective cheque leaf wording such as “the amount being withdrawn is for the welfare of the minor” .  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.

1 Like

Sudhir Kumar, Advocate (Advocate)     28 November 2012

repeated from https://www.lawyersclubindia.com/experts/How-to-encash-draft-in-name-of-minor--355011.asp#.ULWQLWfRDWM

iti (ni)     28 November 2012

So why are you replying Mr. Sudhir?If same title is there and you can read it why are you replying?There are so many threads in different forums pls pay attention to them.and if one wants to get view from different advocates OF  a forum and then from experts of same field  and in different forums., what is your problem?

Sudhir Kumar, Advocate (Advocate)     28 November 2012

if I want the experts to know the view of others and then give their own considered view then there is no harm.  Benefit is thre to the person making query.


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