Here are the steps involved in the Guardianship and Wards Act procedure:
Pre-Filing Steps
1. Determine jurisdiction: Identify the court having jurisdiction over the matter.
2. Gather required documents: Collect necessary documents, such as birth certificate, death certificate, ID proof, and proof of relationship.
3. Consult a lawyer: Engage a lawyer specializing in family law.
Filing the Petition
1. Draft the petition: Prepare a petition under Section 7 of the Guardianship and Wards Act.
2. File the petition: Submit the petition to the court, along with required documents and court fees.
3. Serve notice: Serve a notice to all parties concerned.
Court Proceedings
1. Hearing: Attend the court hearing, where the judge will examine the petition.
2. Investigation: The court may order an investigation to determine the suitability of the applicant.
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, it will pass a final order appointing the guardian.
2. Issuance of guardianship certificate: The court will issue a guardianship certificate.
Post-Appointment Steps
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.
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: The procedure may vary depending on the specific circumstances of the case and the court’s discretion.