Petition
for Appointment of Guardian [CD1]
In
the Court of Civil Judge (Senior Division)
At
Alipore
Guardianship
Case No................of 2010
In
the matter of:
MB,
a minor under the age of
18
years residing at 1
Construction
Road, Mumbai
And
In
the matter of:
PN
residing at ................
Petitioner Versus
RS,
residing at................
RT,
residing at ................
Respondents
Application
under s. 10 of the Guardians and Wards Act 1890 for appointment of a Guardian
of the Minor
The humble petition
of the petitioner above-named most respectfully Sheweth:
1. MB
above-named is the son of PQ. The said PQ was a businessman and was residing
at................The said PQ died on 15th June 1999 at his residence
at................The mother of MB predeceased PQ. Your petitioner was a close
friend of the deceased.
2. The
said MB is a minor born on 1st May 1989. He is now approximately 10 years of
age.
3. The
said minor is residing with his distant relative at ................
4. The
said minor is entitled to, in his own right, several assets and properties,
namely, moneys covered by two Life Insurance Policies No. 1 and 2 for Rs.
10,000 and Rs. 20,000 respectively in the name of his deceased father and in
respect of which the minor is the nominee. There are two Fixed Deposits with X
Bank Ltd. for Rs. 50,000 and Rs. 80,000 and the said Receipts are in the joint
names of the said deceased and the minor and the
moneys thereunder are
payable to "either or survivor". The premises No................also
belongs to the minor by inheritance.
5. The
said minor is governed by the Hindu Law.
6. The
other relatives of the said minor are the following:
(a)RS brother of the
said deceased, residing at................; (b)QT, the brother's son of the
deceased residing at................
7. The
guardian of the person or property of the said minor has not been appointed
either by Will of the said PQ or by court. In fact, the said PQ has died
intestate.
8. GP
the proposed Guardian is a service holder and is the maternal uncle of the
minor. He is married and is at present residing at................ The said GP
is financially well-off having a monthly income of Rs. 5,000. He is of a good
character and habits. He is a fit and proper person to be appointed the
guardian of the person and property of the said minor.
9. There
is no person quite fit or in a position to look after the welfare of the minor
or to protect and preserve the assets and properties of the minor.
10. The
moneys receivable under the deceased's Life Insurance Policies and the Fixed
Deposit Receipts are to be collected and properly invested. The minor in his
own right is entitled to a property being premises No................which is
tenanted. This property has to be repaired and the rents have to be collected.
There is some urgency in the matter.
11. The
minor has to be properly educated and for that purpose admitted to a good
school. At present there is nobody suitable to look after his education and
welfare, assets and properties. The maternal uncle is a teacher and can devote
time and energy for the welfare of the minor.
12. In
view of the aforesaid the present application is being made for the benefit of
and in the interest of the minor.
13. Unless
Orders are made as prayed for herein, the minor will be seriously prejudiced.
14. This
application is being made bona fide and in the interest of Justice.
Your
petitioner therefore humbly prays Your Honour for the following Orders:
(a)Mr.
GP or some other fit and proper person be appointed as the Guardian of the
person and properties of the said minor MB;
(b)Security
to be furnished by said GP or the guardian may be fixed at Rs. 1 lakh and Mr. X
and Mr. Y be accepted as Sureties for the said GP;
(c)
A sum of Rs. 3,000 a month
be fixed for the maintenance and education expenses of the minor;
(d)
Rs. 500 per month be allowed
to the said GP as the remuneration in respect of collection of rents, moneys
and assets of the minor and investments thereof and for looking after the
minor;
(e)The
said guardian to be appointed herein be given liberty to invest the moneys of
the minor in an appropriate safe manner;
(f)
The said GP be given liberty
to carry out the repairs of the tenanted premises and to take proper steps for
realisation of arrear and current rents;
(g)
The costs of this
application be directed to be paid out of the income of the minor; (h) Further
Orders be made and directions be given as to this Learned Court may deem fit
and proper to afford complete relief to the petitioner.
And
your petitioner as in duty bound, shall ever pray.
Verification
I,
PN, son of NP aged about 30 years and the petitioner above-named know the facts
and circumstances of this case and I am able to depose thereto. The statements
contained in paragraphs No. 1 to 14 hereinabove are true to my knowledge based
on information derived from the documents shown to me and also the information
derived from the mother of the minor and from my personal association with' the
deceased and I believe them to be true.
Place:
Mumbai
Date................................Signature
of the Petitioner
Identified
by Advocate for the petitioner
I,
the undersigned GP, the Maternal Uncle of the minor residing at
................ do hereby agree to accept the office of the Guardian of the
person and property of the minor MB son of PQ of ................, in case this
Learned Court shall think fit to appoint me as the Guardian of the minor.
Signature
of the GP Identified by Advocate
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