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I am a Hindu widow. My son is a minor, who has immovable properties. My husband had made a Will bequeathing some properties to my son. My husband by a separate will also nominated his brother (my brother-in-law) as the guardian of my minor son, and the properties. My brother-in-law is not a good person and cannot be relied upon. As a mother, do I have any hold on the properties of my minor son? Please advise.

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When natural guardians are alive, the guardians appointed through Will does not have any powers to act on behalf of and for minors. Father and mother are natural guardians of minor son. On the death of the father, the mother will succeed as the natural guardian of the minor. Even if the father appoints someone as the guardian of minor, when the mother is alive, such nomination will not have any legal sanctity and only the mother shall act as guardian. Mother may appoint any other person to act as guardian of her minor, after her death, who only is authorised to act as guardian of the minor son. If the mother does not appoint any person as guardian by will, the guardian appointed by the father by Will shall succeed as guardian on the death of the mother, provided the son has not attained majority.

Your brother-in-law, though nominated as guardian by your husband, does not have any power to act as guardian of your minor son and you alone is the guardian. You may arrange to issue a legal notice to your brother-in-law and assert your rights.


These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.