Yes, a minor can be granted a succession certificate in India, but there are certain conditions and processes involved: 1. Who Can Apply?: - A minor cannot directly apply for a succession certificate. Since a minor does not have full legal capacity to act, an adult (usually the guardian or next friend) must file the application on behalf of the minor. This can be done through a legal representative who acts in the best interest of the minor. 2. Role of Guardian or Next Friend: - The guardian or next friend (someone who represents the minor in legal matters) will file the application in the appropriate court, seeking a succession certificate. The court will ensure that the minor’s interests are protected during the process. 3. Court's Decision: - The court will consider the legal heirship and may issue a succession certificate to the minor, but it will be granted to the guardian or next friend for managing the minor's interests. - In the case of a minor being an heir, the succession certificate is generally issued to the guardian or the person responsible for managing the minor's property until the minor reaches adulthood (usually 18 years old). 4. When a Minor Becomes an Heir: - If the minor is an heir, the succession certificate will enable the guardian to access and manage the deceased person’s property and assets, such as bank accounts, securities, or debts, until the minor comes of legal age to manage it themselves. 5. Court's Protection of Minor's Rights: - The court takes extra care to ensure that the minor’s rights and interests are safeguarded throughout the process, particularly if the succession certificate involves valuable or significant assets. In summary, while a minor cannot directly apply for a succession certificate, it can be granted through a legal guardian or next friend who represents the minor's interests. The minor’s rights will be protected by the court, and the guardian will manage the minor’s inheritance until the minor reaches adulthood.
Answer By Ayantika MondalDear Client, Although the law allows a minor to receive a succession certificate in India, they cannot make the application themselves. The Role of the Guardian Since the law does not allow a minor to sign contracts or manage property, an application for a succession certificate for the minor must be filed by an authorized adult. Most of the time, this adult is: Legal Guardian: A person naturally entrusted with the care of a minor, an adult given guardianship by will or someone appointed by the court, under the Guardians and Wards Act, 1890 or the Hindu Minority and Guardianship Act, 1956 specifically for Hindus. Court's Role: Decisions will be made by the court to protect the best interests of the child. Should the minor be granted a succession certificate, it will often bear the minor’s name, but it is the guardian who will take care of the debts and securities until the minor reaches the age of majority (18 years). Sometimes, when there are significant assets involved, the court asks the guardian to get a formal appointment as guardian under the Guardians and Wards Act and then grants the succession certificate to ensure close monitoring of the minor’s assets. How the Certificate Serves: With a succession certificate, the guardian is authorized to recover and handle the deceased person’s bank accounts, shares, provident fund, etc., for the gain of the minor. A general agreement does not usually result in ownership of immovable property. In Essence: A minor can legally receive and use a succession certificate, but an adult is required to handle their case and manage both their legal and financial matters. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.
Answer By AnikDear Client, Although the law allows a minor to receive a succession certificate in India, they cannot make the application themselves. The Role of the Guardian Since the law does not allow a minor to sign contracts or manage property, an application for a succession certificate for the minor must be filed by an authorized adult. Most of the time, this adult is: Legal Guardian: A person naturally entrusted with the care of a minor, an adult given guardianship by will or someone appointed by the court, under the Guardians and Wards Act, 1890 or the Hindu Minority and Guardianship Act, 1956 specifically for Hindus. Court's Role: Decisions will be made by the court to protect the best interests of the child. Should the minor be granted a succession certificate, it will often bear the minor’s name, but it is the guardian who will take care of the debts and securities until the minor reaches the age of majority (18 years). Sometimes, when there are significant assets involved, the court asks the guardian to get a formal appointment as guardian under the Guardians and Wards Act and then grants the succession certificate to ensure close monitoring of the minor’s assets. How the Certificate Serves: With a succession certificate, the guardian is authorized to recover and handle the deceased person’s bank accounts, shares, provident fund, etc., for the gain of the minor. A general agreement does not usually result in ownership of immovable property. In Essence: A minor can legally receive and use a succession certificate, but an adult is required to handle their case and manage both their legal and financial matters. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.
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