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?
6 Answers from Attorneys
Re: Legal Guardian
well its the mother
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.
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
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
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.