Aayushi Sang | Legistify

Aayushi Sang
Answered on 13 Oct 2019

There comes a time when minors, senior citizens, or disabled persons might need someone to manage their money. In these cases, a guardian will be appointed by the court to control the guardianship of the individual’s accounts. While you want to think that everyone who is appointed a guardian of an account is trustworthy and will manage the accounts ethically and wisely, that is not always the case. That is why there are rules governing the control of guardian accounts. From who has access to the account, to who owns it, and how money is spent, courts monitor these accounts. In this case, the parent is the actual owner of the account and has control over the money, and may do what they wish with the funds. This is different than a guardianship account. With a guardianship account, the money does belong to the child. The guardian of the account manages the money for a child but doesn’t have any ownership over that money. The most common reason for a child to have an account with guardianship is that the parents are deceased and have left money or property for the child and someone, the guardian, needs to control that account until the child is of legal age. As mentioned, the guardian of an account controls the funds and must report all receipts and disbursements to the court on a periodic basis. The guardian handles the account but had no ownership of the account, meaning the money or property in the account. All guardianship accounts have a beneficiary or a “ward”, usually a child, elderly, or disabled individual. The guardian of the account cannot appoint a beneficiary of the account. In other words, the guardian cannot change who the account is for and who receives the disbursements. In order to open a guardianship account, the guardian must show a certified copy of a court order appointing them the guardian of an individuals account. If an individual can no longer serve as guardian of an account, because of death or some other reason, the court will appoint a new guardian for the account. Because the guardian does not own the funds in the account, the money can not be used to settle the debt of the guardian – meaning it can’t be garnished or seized.Read More

Posted on 04 Oct 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 12 Oct 2019

The liability of the children to discharge debts of their father extends only to the extent of the assets inherited by them. The children cannot be made to pay the debts out of their personal assets.Read More

Posted on 25 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 13 Oct 2019

The landowner can grant you a long-term lease of his land and permit you to build a building on the property. If you build a house on someone else's land without permission, the owner of the land can exclude you and take over the house. Since the house was constructed with your grandmother's permission, your father can file a suit to claim his share in the property. Consult a property lawyer for the same.Read More

Posted on 12 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 13 Oct 2019

Once the divorce decree is granted by the court, the person is free to marry even if a maintenance case is still going on in the court.Read More

Posted on 22 Sep 2019 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 11 Oct 2019

No, a mother-in-law is not entitled to take maintenance from daughter in law unless and until her son is not alive. There is supreme court case Smt. Saroj w/o Govind Mukkawar Vs.Smt. Chandrakalabai Polshetwar that talks about it.Read More

Posted on 17 Sep 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 11 Oct 2019

The children of your father's first wife cannot ask for a share in your self-acquired property. They don't have the right to do so. You should talk to a family lawyer in India and send them a legal notice for the same.Read More

Posted on 10 Oct 2019 | 1 Answer

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 10 Oct 2019

You can consult a family law lawyer who deals with partition, he/she can guide in a much better way as its a self acquired property not inherited property. So, it's better to take a consult from the Lawyer.Read More

Posted on 01 Oct 2019 | 1 Answer

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 10 Oct 2019

You can consult a family law advocate who deals with separation, he will guide you for the same. And yes, D's children are entitled to their Fathers property. Once the valuation of the property starts share will be decided for everyone.Read More

Posted on 01 Oct 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 10 Oct 2019

When the division/partition happens, it becomes the self-acquired property and not ancestral property. And you can do whatever you want with that property.Read More

Posted on 17 Sep 2019 | 1 Answer

Aditya Dua | Legistify

Aditya Dua
Answered on 10 Oct 2019

You can file a Maintenance Petition under Section 125 CrPc and claim the Maintenance amount without taking or filing for the Divorce Petition. It is not mandatory to file for Divorce to get Maintenance. Consult a maintenance case lawyer to file your petition.Read More

Posted on 22 Sep 2019 | 1 Answer