Petition for Appointment of Guardian
In the Court of the District Judge, . . . . . . . . . . .
Civil Miscellaneous Case No. . . . . . . . . . . . of 20 . . . .
In the matter of . . . . . . . . . . . (Minor) aged . . . . . . . . . . .
son (daughter)of . . . . . . . . . . . , resident of . . . . . . . . . . .
A.B. . . . . . . . . . . . Petitioner
Application under Section 10, Guardians and Wards Act.
The humble petition of A.B. of . . . . . . . . . . ., under the provision of Section 10 of the Guardians and Wards Act, 1890, most respectfully sheweth:
1. Name, sex, religion, date of birth and ordinary residence of the minor.
That C.D. is the son (daughter) of E.F. of. . . . . . . . . . ., by religion, Hindu, born on the 16th day of October, 1947, and having his (her) ordinary residence at . . . . . . . . . . ., within the jurisdiction of this Court.
2. Where the minor is a female whether she is married and if so the name and age of her husband.
That C.D. is the wife of G.H. of . . . . . . . . . . ., the latter of whom is, at the time of making this application, aged . . . . . . . . . years.
3. The nature, situation and approximate value of the property, if any, of the minor.
That C.D. is possessed of immovable property consisting of two houses (fully described in Schedule ‘A’ hereto) and movable property consisting of moneys left by his/her deceased father in various banks (fully described in Schedule ‘B’ hereto). That the approximate value of the said properties is Rs. . . . . . . . . . . . all of which are situated within the jurisdiction of this Court.
4. The name and residence of the person having the custody or possession of the person or property of the minor.
That the said two houses are tenanted by . . . . . . . . . . . and . . . . . . . . . . . and the movable property is in the banks mentioned above and the minor is living with your petitioner at his house No. . . . . . . . . . . . Road in the city of . . . . . . . . . . .
5. What near relations the minor has and where they reside.
That the names of the near relations of the minor, including your petitioner are given below:
A.B., residing at . . . . . . . . . . ., uncle of the minor (petitioner).
K.L. (wife of . . . . . . . . . . .), residing at . . . . . . . . . . ., sister of the minor.
6. Where a guardian of the person or property or both of the minor has been appointed by any person entitled or claiming to be entitled by the Law to which the minor is subject to make such an appointment.
That E.F., the father of the said minor, died leaving a duly executed Will, dated . . . . . . . . . . ., by which he appointed A.B. guardian of the person and property of the minor.
7. Whether an application has at any time been made to the court or to any other court with respect to the guardianship of the person or property, or both, of the minor, and, if so, when, to what court and with what result.
That K.L., abovementioned, made an application on . . . . . . . . . . . to this Court for the appointment of herself as guardian of the person and property of the said minor. The said application was registered as Misc. Case No. . . . . . . . . . . ., but on the intervention of your petitioner out of the court the said application was withdrawn and the case consigned to record by an order, dated . . . . . . . . . . .
8. Whether the application is for the appointment or declaration of a guardian of the person of the minor, or his property, or both.
That this application is for the declaration of the petitioner as the guardian of the person and property of the said minor.
9. Where the application is to appoint a guardian the qualification of the proposed guardian.
That the petitioner is a fit person to be so declared and has no interest adverse to that of the minor, and is possessed of sufficient means consisting of movable and immovable property within the jurisdiction of this Court and is the testamentary guardian of the minor appointed under the Will aforesaid.
10. Where the application is to declare a person to be a guardian the grounds on which the person claims.
11. The causes which have led to the making of the application.
The causes for making the application are—
(a) Managing the property of the minor shown in Schedule ‘A’.
(b) Withdrawal and reinvestment of the moneys of the minor presently standing in the name of his/her deceased father in the banks.
Wherefore the petitioner prays that he may be declared the guardian of the person and property of the minor.
Sd. A.B.
Dated the. . . . . . . . . . .January, 1952. Petitioner.
VERIFICATION
DECLARATION OF WILLINGNESS OF GUARDIAN
TO ACT AS GUARDIAN
I. A.B., of . . . . . . . . . . ., the petitioner named above, hereby declare my willingness to act as guardian of the aforesaid minor’s person and property, if so appointed.
Witnesses to the above declaration:
1. Sd. A.B.
2. Petitioner.