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How to get legal guardian certificate for my sister
31-May-2023 (In Family Law)
I need to apply for education loan of my sister. We do not have both the parents. I shall be the co borrower for the loan. Bank is of the view that I m not legal guardian of my sister and asking for a legal guardianship certificate from the court. As per related Hindu Act, in case both the parents are not alive then will I not become natural legal guardian? can bank still insist on such certificate and deny loan? I need views on this issue.
Presuming that you are a major and your sister is a minor, then at present you are a defacto guardian of your sister.To be a legal guardian you will have to apply in the court under Guardianship and Wards Act.
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Adv. Srishti Saxena
Delhi | 100+ Answers
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What is the difference between guardian and minor?
A minor is someone who hasnt reached the age of 18. In Section 4(b), a guardian is defined as a person over 18 years of age who is responsible for the minor, his property and himself. 27-Feb-2020
Can mother be a guardian when father is alive?
Supreme Court Judgment
The welfare of the child is the most important consideration when deciding guardianship or custody issues. The courts can give guardianship to the mother, or another suitable person for the minors welfare even if the father is alive. 08-Sept-2022
What is the disqualification of guardianship?
DISQUALIFICATION TESTAMENTARY GUARDIAN
If he is incapable of performing his assigned duty. If he cannot perform the assigned duties. Abuse of trust. He acts in a way that is contrary to any provision of the Act. 27-Dec-2020
Since you are not the natural guardian of the minor in that case ur required to file u/s 10 of Guardian and wards act for appointment of guardian for ur sister..for any further inquiry please contact us personally or telephonically
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Adv. I.A. Alvi
Delhi | 25+ Answers
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It is advise that please file an application before the district judge for appointment of legal guardian under the provisions of guardianship act. Bankar opinion is correct because without having a guardianship certificate can't pursue for guarantee for your sister
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Adv. Harsh Kumar Gautam
Delhi | 100+ Answers
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