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Assignment
Assignment
Minor Assignee :
During the minority period of the assignee even the natural guardian
cannot deal with the policy.
If the assignment is in favour of a minor, in the event of claim
policy money cannot be paid to him as he cannot give a valid discharge.
It is, therefore, desirable that where the assignee is a minor,
testamentary guardian should be appointed in respect of all the
properties of such minor including the policy moneys. A testamentary
guardian can only be appointed by the natural guardian or a minor.
The appointment of a guardian can be done by a separate instrument
or on the back of the policy.
The following points should be noted regarding appointment of a
guardian.
- The appointment relates to the entire property of the minor
and not a part of the minors property.
- The guardian can be appointed only by the father of the minor
so that if the proposer is not the father of the minor the appointment
will have to be made y the father of the minor.
- The appointer of the guardian must affix his signature to the
appointment in the presence of at least two witnesses who must
also sign in the presence of each other.
- No stamp fee is required on the
document of appointment of guardian.
- The document must clearly identify
the minor and the guardian.
- The agent must also note that during the minority of assignee
the policy cannot be dealt with even with the consent of the testamentary
guardian unless the Guardianship certificate under the Guardian
and Wards Act issued by a Court of competent jurisdiction is furnished
to the Corporation empowering the holder to deal with the property
of the minor.
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