A Minor boy who's parents (both mother and father) passed away. He is looked after by maternal grand parents and uncle. Who can take over as the legal guardian for this minor boy. Can the uncle become the legal guardian what is the procedure.
guru 14 June 2015
A Minor boy who's parents (both mother and father) passed away. He is looked after by maternal grand parents and uncle. Who can take over as the legal guardian for this minor boy. Can the uncle become the legal guardian what is the procedure.
SAINATH DEVALLA (LEGAL CONSULTANT) 16 June 2015
Yes, maternal uncle can take the gaurdianship of the minor till he/she attains the age of majority.He will be known as a defacto gaurdian.
De-facto guardian is a person who takes continuous interest in the welfare of the minor’s person or in the management and administration of his property without any authority of law.[12] Hindu jurisprudence has all along recognized the principle that if liability is incurred by one on behalf of another in a case where it is justified, then the person, on whose behalf the liability is incurred or, at least, his property, is liable, notwithstanding the fact that no authorization was made for incurring the liability.
guru 16 June 2015
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