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Petition under Guardians and Wards Act, 1890
In the Court of ……………Judge at ……………
Guardianship Case No …………… of ……………
In the matter of AS, a minor
CD (add description and address) Petitioner
Versus
(1) EF (add description and residence)
(2) GH (add description and residence) Respondents
Petition under Section 10 of the Guardians and Wards Act, 1890, for appointment of a guardian of the said minor
The petitioner states as under:
1. That AB above named is the son of P Q who was............ (add description) and was residing at …………
2. That PQ died on ………… at ………….
3. That AB is a minor, having been on ………… He is now approximately …………years of age. 4. that the said AB is residing with ………… Who is related to him as …………
5. That the said AB is entitled in his own right to several assets and properties, to wit- (i) …………….
(ii) …………….
(iii) …………….
6. That the said AB is governed by Hindu Law.
7. that the order relations of the said minor now living are:
(i) (add ships) address, description and relation
(ii) (add address, description and relationships)
(iii) (add address, description and relationships)
8. That no guardian of the person or property of the said minor has been appointed either by will of the said PQ or by court.
That Shri ……….. of ………..was appointed by will of P Q as guardian of the person and property of the
said minor, but the said Shri ………..died on ………..at ………..
Or
That Shri ……….. of………..was appointed by will of P Q as guardian of the person and property of the said minor, but the said Shri ………..died on ………..at. ………..
Or
The Shri……….. of ………..elder brother of the said minor appointed Shri ………..of as………..the guardian of the said, minor, but the said appointment is invalid and of no effect under the law to law which the minor is Subject.
9. That L.M. the person proposed as guardian is a land-owner. He is the nearest male relation of the said minor, is married and has ………..children and resides with his family at. He is in good
circumstances, having an income of about Rs ……….. a year, and of good character and repudiation and of good business habits and a proper person to be appointed guardian of the person and property of the said minor.
10. That items Nos. (i) of para 5 above are in bad state of repair, and unless they are at once repaired, will seriously deteriorate I value, and it is in the interest of he miner that a sum of about Rs ……….. should be at once expended for this purpose.
Or
The mortgagees of items (i) and (ii) of para 5 above threaten to take proceedings to realize their security; and in such case it is apprehended that the property will not realize its full value.
Or
11. That the present environment on which the said minor is being brought up is not conducive to his proper education and development of good character.
12. It is in the interest of the minor that a fit and proper person be appointed as guardian of the person and properties of minor.
13. It is therefore prayed that -
i. The said L M or some other fit and proper person may be appointed the guardian of the person and property 0 the said minor;
ii. That security to be given by the appointed guardian may be fixed at………..and ………..Shri………..may be accepted as sureties of the said LM;
iii. That a sum of Rs ………..A month may be fixed for the maintenance and education of the minor;
iv. That a sum of Rs ………..a month may be allowed to the said guardian as his remuneration n respect of the collection of the rents of the immovable properties of the minor;
v. That the said guardian may be at liberty out of the income of said minor to expend the sum of Rs ……….. in his thread-wearing ceremony;
vi. That the said guardian may be at liberty to invest any balance of the net income of the minor, after payment of the said sums and the costs of the application in ……….. ;
vii. That the said guardian may be at liberty to raise the sum of Rs ………..by a mortgage of items (i) and (ii) of the said properties mentioned on pare 5 above at the rate of Rs………..per cent per annum as interest and to apply the said sum for payment of the mortgage mentioned in para 10 above;
viii. That the costs of this petition may be directed to be paid (or deducted) out of the income of the said minor;
And such other direction as the court may deem fit be given in this behalf.
Verification ……….. CD
Petitioner
Place ……….. Advocate
Date ……….. for the petitioner.
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