What happens to custody when one parent dies?
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What happens to custody when one parent dies?
The custodial parent often has legal custody over the child as well (i.e., they are authorized to legally make decisions on behalf of the child). Regardless of which parent had primary custody, after the death of the custodial parent, the surviving parent will be considered the child’s natural guardian.
Can I appoint a guardian for my child?
Appointing a legal guardian in your Will. Parents who have Parental Responsibility can appoint a Legal Guardian to care for their children if they die while the child is under 18. The requirements for formally appointing a Legal Guardian is very similar to the requirements of putting a Will in place.
What constitutes as a legal guardian?
A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward.
Can a minor transfer property How does the Transfer of Property Act deal with a minor is there any role of a guardian?
As per the provisions of the Hindu Minority and Guardianship Act, 1956, any property or share in property owned by a minor, cannot be sold or disposed of by the natural guardian of the minor, without taking permission from the court.
Who can be natural guardian?
Natural Guardian: The natural guardians of a Hindu, minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are – (a) in the case of a boy or an unmarried girl—the father, and after him, the mother: provided that the …
Who can be appointed as guardian?
A. A guardian can be appointed by court (in case of parents death or parents have abandoned their child) after following proper procedure in court of law or by way of will (testamentary guardian) where parents want someone to act as guardian of their children after their death.
