Legal Question in Banking Law in India

My querry is as follows

Whether the guardian of muslim minor can by a power of attorney give power to another person to act as natural guardian of the minor.

The problem is this.

A document is required to be signed by the natural guardian on behalf of the minor. However the natural guardian intends to go abraod and he wont be available when the document is required to be signed. As such he intends to execute a power of attorney in favour of his brother to sign the document on his behalf. Is this possible. Can the natural guardian delegate his power as natural guardian to another person. I wish to add that the document referred to above is a document which is to be executed for granting of a loan for the educational need of the minor.

ran


Asked on 9/16/11, 5:55 am

1 Answer from Attorneys

J. Radhakrishnan independent Practice

Unfortunately a guardian of a minor cannot delegate his powers to another by means of Power of Attorney. Since he himself is in a representative capacity he cannot delegate his authority.

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Answered on 9/16/11, 12:08 pm


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