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TANAJI JAMDADE (LAWYER)     11 July 2025

Guardinship

My one querry regarding the guardianship. Whether the son of 15 years age give guardianship to his real uncle by his biological father and mother?

The mother and father not financial not well to maintain his 15 years age son. In that circumstances whether the father and mother give guardianship to his sons real uncle?

What is the legal procedure to done this.



 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     11 July 2025

The Hindu parents can grant guardianship to the boy to his uncle through a legal document and the legal process.

T. Kalaiselvan, Advocate (Advocate)     11 July 2025

Hindu parents can give guardianship of their 15-year-old son to a relative, but it's not a simple transfer of rights. The welfare of the child is the paramount consideration in such cases, and the court will assess the suitability of the relative as a guardian. The parents can appoint a guardian through a will, or the court can appoint a guardian if the parents are deemed unfit or if it's in the child's best interest. 

Under Hindu law, the father is the natural guardian, and after him, the mother. 

 

However, the court can appoint a guardian if it's deemed necessary for the child's welfare. 

If the parents are deemed unfit, or if it's in the child's best interest, the court can appoint a guardian, even if the parents are alive. 

 

The court will consider factors like the child's age, s*x, religion, the proposed guardian's character and capacity, and the existing relationship between the child and the proposed guardian. 

 

The court will prioritize the child's welfare and may also consider the child's preference if the child is old enough to express it. 

Advocate Bhartesh goyal (advocate)     11 July 2025

Yes ,parents of 15 year old child can  give their child under guardianship of child's  uncle for his welfare but it requires legal process and for that parents have to file petition before court and get permission.

1 Like

Dr. J C Vashista (Advocate )     13 July 2025

During life-time of both biological parents guardianship of the child to his uncle shall not be permitted. 


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