Legal Question in Banking Law in India

A muslim minor, who is about to join a course needs a education loan. Her mother and father have died and her uncle has approached for the loan. Can the document of loan be executed by her uncle on behalf of the minor.

Similarly another muslim minor's father has died. In such a case, can the loan document be executed by her mother on behalf of the minor.

In both cases, the fathers father who is the natural guardian after the father is not alive. would it be proper to accept signing of the documents, by the uncle and mother, in their capacity as defacto guardians of the minors


Asked on 12/09/11, 8:46 am

1 Answer from Attorneys
J. Radhakrishnan independent Practice

Unfortunately, the Muslims in India fight against changes in their archaic law which says that only father and if deceased his father can act as legal guardian of minor child. In the absence of father and grand father mother can act as defacto guardian offering her guarantee in her personal capacity for the loan. In the absence of mother, uncle cannot act as the guardian. He can apply to the court to appoint him as guardian of the minor and also take permission from court to avail the loan.

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Answered on 12/19/11, 5:44 pm


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