Here is the procedure for appointment of guardian under the Guardianship and Wards Act, 1890:
Pre-Appointment Procedure
1. Filing of Petition: A petition is filed by the applicant under Section 7 of the Guardianship and Wards Act, 1890, before the District Court or Family Court.
2. Notice to Parties: A notice is served to all parties concerned, including the minor’s relatives and any existing guardians.
3. Investigation: The court may order an investigation to determine the suitability of the applicant as guardian.
Court Proceedings
1. Hearing: The court hears the petition and examines the applicant’s suitability as guardian.
2. Interim Orders: The court may pass interim orders, such as appointing a temporary guardian.
3. Final Order: If the court is satisfied with the applicant’s suitability, it passes a final order appointing the guardian.
Post-Appointment Procedure
1. Issuance of Guardianship Certificate: The court issues a guardianship certificate, which serves as proof of the guardian’s authority.
2. Filing of Accounts: The guardian must file regular accounts of the minor’s property and finances.
3. Reporting to Court: The guardian must report to the court on the minor’s welfare and property management.
4. Renewal of Guardianship: The guardian must apply for renewal of the guardianship certificate as required by the court.
Timeline
1. Filing of Petition: 1-3 days
2. Court Hearing: 1-6 months
3. Investigation: 1-3 months
4. Appointment of Guardian: 1-6 months
5. Issuance of Guardianship Certificate: 1-7 days