Petition for Appointment of a Guardian of a Minor (India)

Petition for appointment of a guardian of a minor

In the Court of the District.....................

Misc. (Guardianship) Case No. ..................of................

(Or. Act VIII Case No. ............... of 20......).

In the matter of appointment of Guardian of

(A) (B) Minors.

(C) Under s. 10 of the Guardians and Wards Act And In the matter of ‘X’, widow of late......... by caste Muslim, residing at village.................. P.S................ Dt.................... ............Petitioner.

The humble petition of the aforesaid petitioner respectfully sheweth:

1. That A.B. and C, sons of late “D”, ordinarily residing at VIII................ P.S. ............... District ............within the jurisdiction of this court, were born respectively in............ B.S................... B.S............. B.S. and by religion are ............ and by sex are............

2. That the said minors are entitled to certain property;

nature, situation and approximate value of which are:

Locality Khatian No. Area Jama Approx. value Mouja............

Thak No............ J.L. No....................

P.S....................

District.................. .................. .................. .................. ..................

Total Total Rs.

3. That the said property is in the possession of one ‘X’, grandfather of minors, residing at Vill............. P.S.............. Dt. ...............

4. That............... mother of minors, has the custody of the person of the said minors.

5. That the minors have the following near relations:

(i) P son of late Q. Grandfather of minors residing at Vill. ..............................

P.S.............

.Dt. ..................

(ii) S.S./of T. Maternal grandfather of minor, residing at Vill................. P.S..............Dt………..

(iii) E.

(iv) F. Sons of Z—Maternal uncles of minors residing

(v) G.

at Vill.............P.S..............Dt.................

6. That no application has at any time been made to this court, or to any other court, with respect to the guardianship of the persons and property of the said minors.

7. That no guardian of the person or property of the said minors has been appointed by any person entitled or claimed to be entitled by the law to which the minors are subject to make such appointment.

8. That this application is for the appointment of a guardian to the person and property of the said minors.

9. That your petitioner is the mother of minors. The minors were so long living in the same mess along with their mother with grandfather P. The said P was neglecting the welfare of the minors and appropriated to himself all the returns from minors’ properties. Of late he stopped payment of tuition fees of private tutor of minors A and B. In last..... .B.S. the said P managed to transfer minors’............ bighas of land in the name of his daughter............ by a fraudulent and forged kobala after the death of minors’ parents. Besides, he is selling the produce of the lands of the minors and appropriating proceeds to himself. He has kept the revenue in arrear for...............years for which minors’ properties are liable to be sold for threatened Certificate Proceedings. To recover possession of the land, to manage properties, for the welfare of minors the situation requires that the mother petitioner be appointed guardian for minors without further delay. (Or, that the appointment is necessary for sale of a portion of minors’ property for meeting debts left by the deceased father of minors). That your petitioner, therefore, prays that an order appointing the petitioner a guardian for the person and property of minors be issued under s. 7 of the Guardians and Wards Act 1890.

And your petitioner, as in duty bound, shall ever pray.

I, Achhimon Bewa, petitioner named in the above petition do solemnly affirm that what is stated therein is true to the best of my information and belief. L.T.I, of petitioner.

Signed in the presence of (1) (2) I, Achhimon Bewa, the guardian proposed in the above application do hereby declare that I am willing to act as such.

Signature of proposed guardian.

Signed in presence of (1)

(2)