A
guardian is a person who is legally appointed to care for and make
decisions on behalf of another individual who is unable to do so due to age,
incapacity, or disability. Typically, guardianship is granted by a court, and
it can apply to minors (children under the legal age) or adults who are
incapacitated due to physical or mental conditions. The guardian’s role
involves making decisions regarding the ward’s personal, financial, and
sometimes medical affairs.
Guardianship
can be temporary or permanent, depending on the circumstances, and the scope of
authority varies based on the terms of the legal appointment. There are
different types of guardians, such as:
In
some cases, guardianship can be voluntary, where the individual consents, or
involuntary, where it is imposed due to incapacity.
Petition for Appointment of Guardian for Minor Children
IN THE COURT OF ________________
DISTRICT, NEW DELHI
IN THE MATTER OF: -
Appointing
a guardian for:
(A) Minor Child
(B) Minor Child
(C) Minor Child
__________
......... Petitioner
The humble petition of the
above-named petitioner respectfully states as follows:
1. That A, B, and C, sons of the late
"D," ordinarily residing at Village .........., P.S. ..........,
District ............., within the jurisdiction of this court, were born
respectively on .............. B.S. ............. B.S. ............. B.S., and
are of the ............ religion and ............ gender.
2. That the said minors are entitled to
certain properties, details of which are as follows:
| Locality | Area | Revenue | Approx. Value |
Total Estimated Value: Rs.
..............
3. That the property is currently in the
possession of ‘X,’ the grandfather of the minors, residing at Village
.........., P.S............., District............
4. That the mother of the minors,
..............., presently has custody of the said minors.
5. That the minors' close relatives
include:
(i) P, son of the Q, grandfather of the minors, residing at Village ..........,
P.S .........., District ..........
(ii) S.S., maternal grandfather of the minors, residing at Village ..........,
P.S .........., District ..........
6. That no application regarding the
guardianship of the said minors has been made to this or any other court.
7. That no guardian has been appointed
for the person or property of the said minors by any person who may have been
entitled or believed to have had the authority to do so under the relevant
laws.
8. That this application is submitted
for the appointment of a guardian for the person and property of the said
minors.
9. That the petitioner is the mother of
the minors, and the minors have been living with her in the same household as
their grandfather, P has neglected the welfare of the minors and appropriated
the income generated from the minors' properties. He has recently ceased paying
tuition fees for the minors' private tutor, and in ........... B.S., he fraudulently
transferred ........... bighas of land belonging to the minors to his daughter.
He has also been selling the produce from the minors' lands for his own benefit
while failing to pay the land revenue for the past .......... years, placing
the minors' properties at risk of being sold through Certificate Proceedings.
Therefore, to secure the welfare and property of the minors, it is necessary
for the petitioner, as their mother, to be appointed as their guardian without
delay.
10. That the present petition has been
made bonafide and in the interest of justice.
PRAYER
It
is, therefore, most respectfully prayed that this Hon’ble Court may kindly be
pleased to:
A) Issue
an order appointing her as guardian for the person and property of the minors
under Section 7 of the Guardians and Wards Act, 1890.; and
B)
Pass
any other or further order(s) as this Hon’ble Court may deem fit and proper in
the interest of justice.
New Delhi
Petitioner
Date
IN THE COURT OF ________________
DISTRICT, NEW DELHI
IN THE MATTER OF: -
Appointing
a guardian for:
(A) Minor Child
(B) Minor Child
(C) Minor Child
______________ .........
Petitioner
AFFIDAVIT
I,
_______C/o_______, R/o ___________aged about ___ years, do hereby solemnly
affirm and declare as under: -
1. That
I am the petitioner in the above noted petition and am well conversant with the
facts of the present case and as such competent to depose this affidavit.
2. That
the accompanying petition has been drafted by my counsels on my instruction,
and its contents have been read over to me in vernacular and the same are true
and correct to the best of my knowledge and are not being repeated herein for
the sake of brevity.
3. That
the contents of the accompanying petition may kindly be read as part and parcel
of this affidavit.
DEPONENT
VERIFICATION
Verified
at Delhi on this ____ day of August 20 that the contents of the above affidavit
are true and correct to the best of my knowledge and nothing material has been
concealed therefrom.
DEPONENT
