Posts

Showing posts from December, 2024

Can a guardian make decisions about a child’s property in Pakistan?

Image
 In  Guardianship Certificate in Pakistan  is a significant legal and social responsibility, especially when it pertains to minors (individuals under 18 years of age). Guardianship encompasses various aspects of a child’s life, including personal welfare, education, and financial affairs, such as the management of property. The question of whether a guardian can make decisions about a child’s property in Pakistan is addressed by both Islamic principles and the country’s legal framework, primarily the Guardians and Wards Act, 1890 . This article explores the legal, ethical, and practical aspects of guardianship and property management for minors in Pakistan. 1. Legal Framework Governing Guardianship The primary statute regulating guardianship in Pakistan is the Guardians and Wards Act, 1890 . Under this law: Guardian Definition: A guardian is a person legally appointed to take care of a minor or their property. This can include natural guardians (parents) or court-appointe...

Can a step-parent apply for a Guardianship Certificate in Pakistan?

Image
 In  Guardianship Certificate in Pakistan  is a legal mechanism that enables an individual to care for and manage the affairs of a minor, particularly in relation to their person, property, or both. The Guardians and Wards Act, 1890 governs matters related to guardianship in Pakistan, ensuring the rights and welfare of minors are protected. While natural parents are automatically considered guardians under Islamic law and the legal system, step-parents occupy a different legal position. A key question arises: Can a step-parent apply for a Guardianship Certificate in Pakistan? The answer is yes , a step-parent can apply for a Guardianship Certificate under specific circumstances. However, the process requires the step-parent to meet legal conditions and prove their eligibility to act in the minor’s best interests. This article explores the rights, conditions, and legal framework surrounding a step-parent’s application for guardianship in Pakistan. 1. Legal Framework for G...

Who can apply for a Guardianship Certificate in Pakistan?

Image
 A  Guardianship Certificate in Pakistan   is a legal document issued by the family court in Pakistan, authorizing an individual to act as a legal guardian for a minor or someone who cannot manage their personal, financial, or property affairs. The Guardian and Wards Act, 1890 governs the application and issuance of this certificate. It is essential in situations where the welfare and interests of a minor or ward need legal oversight, particularly in cases involving inheritance, custody, or property management. This article discusses the individuals who can apply for a guardianship certificate, the legal framework surrounding the process, and the criteria the courts consider when granting such certificates. 1. Natural Guardians The parents of a minor are considered natural guardians under Islamic law and the Guardian and Wards Act, 1890 . Father The father is the primary natural guardian of his minor children. If the father is alive and capable, he does not require a gua...