Guardianship petition (ss.7 and 10 GWA)

Becoming the legal guardian of a minor, often to deal with the minor's share of property.

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Not yet reviewed by a lawyer. Check every line before it is signed.

How the paper begins

With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.

IN THE COURT OF District Judge, Amarnagar

Asha Rani wife of Shri Rohan Kumar, aged about 34 years, resident of House No. 12, Street No. 3, Nanak Nagar, Amarnagar, Tehsil and District Amarnagar, Punjab

…Petitioner

PETITION UNDER SECTIONS 7 AND 10 OF THE GUARDIANS AND WARDS ACT, 1890

Respectfully Showeth:

1.That Arjun, born on 14-03-2017, a Hindu, ordinarily resides at House No. 12, Street No. 3, Nanak Nagar, Amarnagar, Tehsil and District Amarnagar, Punjab with the petitioner, who is the minor's mother.

2.That the minor is in the petitioner's care and custody, and no guardian has been appointed or declared for the minor by any court or will.

3.That a guardian is needed because the minor's father Rohan Kumar is working abroad and the minor's share in the family house is to be partitioned.

4.That the minor owns this property: a one-fourth share in House No. 12, Nanak Nagar, Amarnagar, worth about ₹8,00,000.

5.That the near relatives of the minor are: Om Prakash (paternal grandfather), Nanak Nagar, Amarnagar.

6.That the appointment is in the welfare of the minor, and the petitioner has no interest adverse to the minor.

The rest of the paper is in Dastavo.

What to bring

Papers to bring

The minor's birth certificate and Aadhaar (photocopies)
Your identity proof, and proof of your relation to the minor (family register, school record)
The death certificate of a parent who has died, if any
Papers of the minor's property, with its value: jamabandi (fard), mutation, deed, or bank and FD details
The names and addresses of the minor's near relatives: they get notice
Two passport-size photographs each of you and the minor

Where to go

Filed through an advocate in the Family Court, or the District Court (Guardian Judge), of the district where the minor ordinarily lives; the court issues notice to the relatives and the public before deciding.

Fee

Court fee and welfare stamps, where needed, are put on as the court office directs; ask the counter for today's amounts. The advocate's fee is separate.

Good to know

A guardian appointed by the court cannot sell, mortgage or give away the minor's land, or lease it for long, without the court's permission (s.29).
The court may ask for a bond with sureties and for yearly accounts of the property.
If a parent, as natural guardian, only needs to sell the minor's share, see "Permission to sell or mortgage a minor's property (s.8(2) HMGA)".

Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.

Stamp paper

Court fee and welfare stamps, where needed, are affixed as the court office directs.