Application for Certified Guardian

A couple in Thane die in an accident and leave a nine-year-old girl and a flat in her name. Her uncle takes her in, and a builder wants the uncle's signature to sell the flat. Can he sign? In law, a child cannot manage property, and whoever cares for her needs proper authority, not just a relationship. The authority is a guardian, and where the family cannot settle who it should be, a court decides. How do you ask a court to do that, and what must the application show?

In two minutes

An application for guardianship asks a court to appoint or declare a person as guardian of a minor, or to permit a guardian to deal with the minor's property; the court's test for a Hindu minor is the welfare of the minor as the paramount consideration (Hindu Minority and Guardianship Act 1956, s.13), and the application is made under the Guardians and Wards Act 1890, which the 1956 Act supplements.

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