Here is the step-by-step procedure for filing a guardianship petition under the Guardianship and Wards Act, 1890:

Pre-Filing Requirements

1. Determine the jurisdiction: Identify the court having jurisdiction over the matter, typically the district court or family court.
2. Gather required documents: Collect necessary documents, such as:
1. Birth certificate of the minor
2. Death certificate of the minor’s parents (if deceased)
3. ID proof of the applicant
4. Proof of relationship between the applicant and the minor
3. Consult a lawyer: Engage a lawyer specializing in family law to guide you through the process.

Filing the Petition

1. Draft the petition: Prepare a petition under Section 7 of the Guardianship and Wards Act, stating the reasons for seeking guardianship.
2. File the petition: Submit the petition to the court, along with the required documents and court fees.
3. Serve notice: Serve a notice to all parties concerned, including the minor’s relatives and any existing guardians.

Court Proceedings

1. Hearing: Attend the court hearing, where the judge will examine the petition and hear arguments from all parties.
2. Investigation: The court may order an investigation to determine the suitability of the applicant as guardian.
3. Interim orders: The court may pass interim orders, such as appointing a temporary guardian.

Appointment of Guardian

1. Final order: If the court is satisfied with the applicant’s suitability, it will pass a final order appointing the guardian.
2. Issuance of guardianship certificate: The court will issue a guardianship certificate, which serves as proof of the guardian’s authority.

Post-Appointment Requirements

1. File accounts: The guardian must file regular accounts of the minor’s property and finances.
2. Report to the court: The guardian must report to the court on the minor’s welfare and property management.
3. Renewal of guardianship: The guardian must apply for renewal of the guardianship certificate as required by the court.

Timeline

1. Filing the 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

Court Fees

1. Filing fee: ₹500-₹2,000 (approximately)
2. Process fee: ₹200-₹1,000 (approximately)

Note

1. The procedure may vary depending on the specific circumstances of the case and the court’s discretion.
2. It is recommended to consult a lawyer specializing in family law for guidance on the specific requirements and procedure.