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Khushal Patel   29 November 2023

Guardianship of children after mother's death

Hello everyone 

I want suggestions on guardianship of my sister's kids after her death. Here's a summary of whole situation my sister's is suffering from HIV-1 infection and now it has turned into AIDS advanced stage and her condition is deteriorating hour by hour and her husband is also affecting with same virus but he doing well because his immune cells have not given up unlike my sister who's immunity is down to 2% and on ventilator fighting each and every minute in worry of her young kids. They have 2 kids one boy of age 14 and one girl age 9. Kid's are currently with us as family doctor suggested because of their father HIV 1 infection, severe drinking problems, poor decision making and lack of attachment with them. The house they live in is fully paid up by my father  and is under both name of my brother in law and my sister. Her mediclaim is exhausted because of hospital bills and expenses after that mediclaim is bared by my father. As he is very shocked and depressed on knowing what has happened to his oldest and dearest daughter. 

So I want suggestions on who can take guardianship of kids as our family is with my parents and my 2nd sister and my 3rd sister and lastly me as I'm youngest 

1) my mother and father are at 59 and 63 respectively.

2) my 2nd sister married settled in Australia with two kids and financially capable age 35

3)my 3rd sister married settled in Gujarat with no kids yet and financially stable age 33

4) my self married settled in Mumbai  with no kids and financially capable age 28 (I live with my parents)

And what can we do to transfer the house on kids name and other LIC policy and death benefits directly to them 

Eagerly waiting for your suggestions.


 5 Replies

Real Soul.... (LEGAL)     29 November 2023

If both parents of kids are willing to appoint any of the uncle or aunts or grand parents as guradian  then they should apply to court jointly by sugeesting the appropaite person. It is the parents and the guradain to agree on the settlement.

However the property in the name of parents will transfer automatically to legal heirs but it is better to execute a will deed to the repective shares of parents.

In nutshell the parents are alive so thay can decide and the guradain who is ready to take the responsiblity of kids should accept that.

If either of parents refuse to do so then still the guradain can apply to court on the grounds provided above for gurdainship 

Khushal Patel   29 November 2023

Sir doctors are going to end ventilator support in 2 days. My sister is starting to bite the ventilator pipe and also trying to pull of cords of bandages. It is very hard for me to say but she is next to dead. 

Shashi Dhara   29 November 2023

You have not stated whether your sisters mother in law and father in law is alive, if mother in law is alive she also gets share from her sons property if he dies intestate, if she is unable to attend court file petition and appoint commission who visit spot and submit it to court.

T. Kalaiselvan, Advocate (Advocate)     30 November 2023

1. The question of guardianship to the children will not arise during the lifetime of their parents.

But after the death of your sister, your parents can apply for guardianship  for the reason that their father is not taking any care and interest in their well being plus he is himself affected by the dreaded communicable disease. 

2. Neither you nor your siblings  can claim guardianship during the lifetime of your parents.

3. You can transfer the property to their names after they become eligible for inheriting the same as per law.


1 Like

Khushal Patel   30 November 2023

Unfortunately my sister's father in law died at very young age but mother in law is alive at age of 77 years 

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