Deciphering the Legal Enigma: Unraveling Guardianship after the Demise of the Ward and Its Ramifications for Legal Heirs in the Banking Realm

  • Sakshi Tripathi
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  • Sakshi Tripathi

    Student at National Law University, Jodhpur, India

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The Guardians and Wards Act, 1890 lacks explicit provisions regarding the termination of guardianship upon the death of the ward. This loophole can be exploited by appointed guardians and representatives who may obtain legal guardian and heir documents, thereby gaining control over the deceased ward's property. Judicial interpretations and Law Commission Recommendations have called for including the death of the ward as a cause for the cessation of guardianship to prevent such exploitation. To protect the interests of legal heirs, a valid succession certificate is required for accessing bank accounts and lockers. The competent authority must follow necessary procedures to grant the certificate, ensuring only recognized legal heirs are eligible. Court cases emphasize the importance of establishing legal heir status to obtain a succession certificate and prevent potential exploitation of the deceased ward's property. Clarifying the termination of guardianship upon the ward's death and establishing legal heir status for succession certificates are necessary to safeguard the interests of the deceased's legal heirs.




International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 2571 - 2577


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