• Legal guardian of minor in property

Hi Sir,
I have four sisters and i am only their brother....i am 23 and my younger sister is 21 and three more are still minor...when we were minor 6 years ago my mother made my grandmother as our legal guardian of property...but now we are mature as i mention above...So am i automatically the legal guardian being 23 and legally mature or is there any process to make me their legal guardian in property matter??
Our present legal guardian my grandmother is very much old to take any decisions...and we fear that someone will take advantage of this and take our property...is it possible???does she has right to sell the propert or give it to someone??....we are muslims and My name is Sameer khan....please advise me....and thanx in advance... ?
Asked 9 months ago in Property Law from Bhagalpur, Bihar
Religion: Muslim
1) among Muslims father is the natural guardian of child 

2) mother in all schools of Muslim law is not recognized as a guardian, natural or otherwise, 

3) After the death of the father, the guardianship passes on to the executor. Among the Shias, after the father, the guardianship belongs to the grandfather, even if the father has appointed an executor, the executor of the father becomes the guardian only in the absence of the grandfather. No other person can be natural guardian, not even the brother. In the absence of the grandfather, the guardianship belongs to the grandfather's executor, if any.'

4) Guardianship of property

(a)    Dejure guardianship- legal or natural guardian order of persons entitled to guardianship of the property of a minor:-

(i)                  Father

(ii)                Executor appointed by father’s will

(iii)               Father’s father

(iv)              Executor appointed by the will of father’s father

(b)   Certified guardianship- guardian appointed by the court- in absence of legal guardians, the duty of appointing a guardian falls on the court.

5)  Guardians and Wards Act, 1890.  applies to the appointment of guardians of all minors belonging to any community

6) a person who is neither a legal guardian nor a guardian appointed by court but has voluntarily placed himself in charge of the person and property of a minor is known as de facto guardian. He is a mere custodian of the person and property of the minor and has no right over them.
Ajay Sethi
Advocate, Mumbai
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1) uncle has no share in property during grand mother life time 

2) grand mother can execute gift deed or hibanma in respect of the property . 

3) on grandmother demise uncle and other legal heirs would have share in property 

4) grand mother can make will for only one third share in property 
Ajay Sethi
Advocate, Mumbai
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Hi, under muslim law, there is no forefather or khandan property concept. Property obtained by a male or female in whatsoever manner is their absolute property. Your uncle is making false claims which are basically hindu laws. The position of legal guardian ceases whenever children become major. Either you or your sister can be legal guardians for siblings. But appointment of legal guardian should be through court. You are right in your thinking( old grand mom) and the fact that you are planning to step in to legal guardian role to protect the property and siblings. A very good and noble thought from your end. Go ahead and initiate the process of becoming legal guardian. May allah bless you.
Rajgopalan Sripathi
Advocate, Hyderabad
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43 Consultations
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Hi,  if the court has appointed as your grand mother as legal guardian then you have to file a application for discharge of guardianship and for any other case it is not required you will become take care of your property once you attend the majority.
Pradeep Bharathipura
Advocate, Bangalore
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Your grandmother continues to be the legal guardian of your three minor sisters. The property of a minor cannot be sold by anyone including his guardian except without the order of the court. The mere old age of the guardian is no disqualification to continue as a guardian, but If you can prove that she is incapacitated to take decisions for the welfare of your three sisters then you can apply to the court to remove her as the guardian and substitute you in her place. 
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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If your uncle files the case then you will be issued summons by the court to come and contest his case. 
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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I have four sisters and i am only their brother....i am 23 and my younger sister is 21 and three more are still minor...when we were minor 6 years ago my mother made my grandmother as our legal guardian of property...but now we are mature as i mention above...So am i automatically the legal guardian being 23 and legally mature or is there any process to make me their legal guardian in property matter??

Since you have become major by age, you need not under the guardianship of your grandmother and your sister aged 21 years also need not be under your grandmother.  However your grandmother shall continue to the guardian of your other three minor sisters.  If you want to take custody of your three minor sisters you may apply before court for their custody and guardianship. 


Our present legal guardian my grandmother is very much old to take any decisions...and we fear that someone will take advantage of this and take our property...is it possible???does she has right to sell the propert or give it to someone??
A guardian cannot sell the property belonging to minor or the property involving minor interest without the permission of court of law.  If she is doing anything, then that will be held invalid and illegal.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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We have all the legal propert papers like registry paper, mutation etc....but my uncle is claiming the share in that property....can they file any legal case against us? Its not khandani property....it is the property bought by my grandmother....and uncle is claiming it under forefathers property.

Let him claim, you do not allot any share to him, let him approach court of law, and the court decide about it.
T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
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