Legal Question in Family Law in India

Legal Guardian

When the Court has given the custody of the child to the mother and the property is in the name of the child,and the mother is maintaining the property from her expenses,while the father has only the visiting rights. Then who has the legal right to transact with the property in the interests of the child : mother or the father?


Asked on 7/31/07, 8:31 am

6 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Legal Guardian

well its the mother

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Answered on 8/06/07, 8:19 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Legal Guardian

the court is empowered to deal with property of the child; any of the parties will need court's permission for dealing with child's property.

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Answered on 8/05/07, 1:07 pm
G. M. Gupta gmguptaandassociates

Re: Legal Guardian

mother

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Answered on 8/01/07, 5:02 am
rajeshwar sharma rajeshwarnathsharma

Re: Legal Guardian

When the cusdoty of the child was given by the court than mother has the right to transact the property of minor but with permission of the court

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Answered on 8/01/07, 9:26 am
Nandita Haldipur Haldipur Associates

Re: Legal Guardian

whether mother is also appointed as the gaurdian of teh child if so then she can deal with teh property in teh interest of teh child

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Answered on 7/31/07, 9:30 am

Re: Legal Guardian

If the child is below the age of 5 years then mother is the natural guardian and if the child is above 5years then father is natural guardian.In instant case since the custody is with mother then mother can do the transaction by the prior permission of court and that too in the interest and welfare of child.

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Answered on 7/31/07, 11:42 am


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