Here’s a step-by-step guide on how to apply for guardianship under the Guardianship and Wards Act, 1890:
Step 1: Determine the Jurisdiction
– Identify the court having jurisdiction over the minor’s person and property.
– The court may be a District Court, High Court, or Supreme Court, depending on the jurisdiction.
Step 2: Prepare the Application
– Obtain a guardianship application form from the court or prepare one according to the court’s requirements.
– Fill in the application form with the required information, including:
– Applicant’s name, address, and relationship with the minor.
– Minor’s name, date of birth, and address.
– Reasons for applying for guardianship.
– Details of the minor’s property (if any).
Step 3: Attach Supporting Documents
– Attach the following documents to the application:
– Birth certificate of the minor.
– Proof of applicant’s relationship with the minor (e.g., birth certificate, marriage certificate).
– Proof of minor’s property (if any) (e.g., property deed, bank statement).
– Any other relevant documents.
Step 4: Pay Court Fees
– Pay the required court fees for filing the application.
– The court fees may vary depending on the jurisdiction and the type of application.
Step 5: File the Application
– File the application with the court, along with the supporting documents and court fees.
– Ensure that the application is properly signed and verified.
Step 6: Serve Notice to Respondents
– Serve a notice to the respondents (e.g., the minor’s parents, other relatives) informing them of the application.
– The notice should be served in accordance with the court’s rules and procedures.
Step 7: Attend Court Hearings
– Attend court hearings as scheduled by the court.
– Be prepared to present your case and answer any questions raised by the court or the respondents.
Step 8: Obtain Court Order
– If the court grants the application, obtain a certified copy of the court order.
– The court order will specify the terms and conditions of the guardianship.
Step 9: Register the Court Order
– Register the court order with the relevant authorities (e.g., the Registrar of Wards, the District Registrar).
– This step is necessary to give public notice of the guardianship.
Note: The above steps are general guidelines and may vary depending on the specific laws and procedures of the jurisdiction. It’s recommended to consult with a lawyer or legal expert to ensure compliance with the applicable laws and procedures.