Minor Child
(Deceased Father) - Grandmother Applicant
PART A:
PRE-ADMISSION CHECKLIST (SECTION 11 G&W ACT)
A.1 PRELIMINARY
SCRUTINY (SECTION 10 G&W ACT)
•
☐ Petition filed in correct
jurisdiction: Application is before District Court having territorial
jurisdiction over minor’s ordinary residence
•
☐ Application in prescribed
format: Petition contains all particulars required under Section 10,
including:
–
☐ Full name, age, religion of
minor
–
☐ Full details of deceased
father
–
☐ Status of mother
(deceased/incapacitated/unfit)
–
☐ Description of
property/service benefits involved
–
☐ Qualifications of
grandmother-applicant
–
☐ Causes necessitating
guardianship
–
☐ Affidavit of willingness to
act (Form 2)
•
☐ Court fee properly paid:
Verification of appropriate court fee as per Guardianship Rules
A.2 GROUNDS FOR
GUARDIANSHIP - CRITICAL EXAMINATION
Mother Status - MANDATORY VERIFICATION:
•
☐ Death of mother: Is
mother deceased?
–
☐ Original death certificate
obtained and verified
–
☐ Death registry cross-checked
–
☐ Date of death clearly
established
•
☐ If mother alive - STOP
HERE: Court CANNOT appoint grandmother unless mother is dead or judicially
found unfit
–
Refer mother’s availability
before proceeding
–
If mother submits
consent/non-objection, record same
•
☐ Mother’s incapacity
(if applicable):
–
☐ Medical reports establishing
incapacity
–
☐ Court order/competent
authority certification of incapacity
–
☐ Specific details of
incapacity affecting guardianship capability
•
☐ Mother deemed unfit
(if applicable):
–
☐ Criminal record/convictions
affecting fitness
–
☐ Child welfare
reports/complaints
–
☐ Dependency issues
–
☐ Documented evidence of
unfitness
–
☐ MUST BE ESTABLISHED WITH
COGENT EVIDENCE
A.3 NOTICE UNDER
SECTION 11 G&W ACT
Parties
to be Served (Section 11):
•
☐ Mother (if
incapacitated/unfit, not deceased):
–
☐ Notice personally served
–
☐ Reply/objection received and
filed
–
☐ Affidavit acknowledging
service filed
•
☐ Persons having custody of
minor (if any):
–
☐ Notice served
–
☐ Reply filed
•
☐ Proposed
grandmother-guardian:
–
☐ Affidavit of willingness to
act (Form 2)
–
☐ Personal affidavit with
complete details
•
☐ Other relatives of minor
(if court opinion):
–
☐ Paternal/maternal relatives
identified
–
☐ Notice served
–
☐ Objections/consents recorded
•
☐ District Collector (if
applicable under State G.O.):
–
☐ Check if State Government has
issued G.O. requiring Collector’s notice
–
☐ If yes, notice served on
Collector of district where minor resides
–
☐ Collector’s
response/objection filed
–
NOTE: Collector’s role is
permissive, not mandatory in all guardianship cases
•
☐ Employer/Pension
Department (for service benefits):
–
☐ STATUS: NOT
technically a “required party” under Section 11 but should be informed
–
☐ Employer identification:
Ministry/Department name, address
–
☐ Pension disbursing office
identified
–
☐ Non-binding notification sent
to pension department (not a formal party)
–
☐ Pension/benefit details
obtained from employer:
•
☐ PPO (Pension Payment Order)
copy
•
☐ Service record and tenure
details
•
☐ Gratuity/death benefit
eligibility
•
☐ Family pension amount and
rules applicable
•
☐ Bank/Financial Institution
(if account already exists):
–
☐ Account details (if minor’s
account already opened)
–
☐ Balance sheet
–
☐ Account holder details
–
☐ Notice sent informing of
guardianship appointment
A.4 MINOR’S VIEWS AND WISHES
•
☐ Age of minor assessed:
–
☐ Present age in years and
months
–
☐ Can minor form intelligent
preference? (Section 17(3))
•
☐ If minor is 10 years or
above:
–
☐ Affidavit recorded by minor
(with assistance if needed)
–
☐ Minor’s wishes regarding
grandmother’s guardianship documented
–
☐ Minor’s wishes regarding use
of benefits recorded
•
☐ If minor is below 10 years:
–
☐ Court considers person having
custody report on minor’s welfare
–
☐ Welfare assessment by
probation officer/social worker
A.5 PUBLICATION OF
NOTICE (SECTION 11(1)(b))
•
☐ Notice posted on:
–
☐ Conspicuous part of
court-house (prescribed location)
–
☐ Residence of minor
–
☐ Duration: Minimum 7-15 days
(per High Court Rules)
•
☐ Newspaper publication
(if court deems fit):
–
☐ Published in local newspaper
of repute
–
☐ Date of publication recorded
–
☐ Newspaper clipping filed with
court
•
☐ Publication
certificate/affidavit filed and recorded
PART B:
SUBSTANTIVE EXAMINATION CHECKLIST (AT HEARING)
B.1
GRANDMOTHER-APPLICANT’S CREDENTIALS
Personal Details:
•
☐ Identity verification:
–
☐ Aadhar card/passport/voter ID
examined
–
☐ Address verification
–
☐ Age and health status
assessed
•
☐ Character and fitness:
–
☐ Police verification report
obtained (if required)
–
☐ Criminal background check
completed
–
☐ Character certificates from
village/residential area obtained
–
☐ Moral/ethical character
assessed through questioning
–
☐ Substance abuse/addiction
inquired
–
☐ Previous
complaints/litigation history checked
•
☐ Financial capacity:
–
☐ Income source identified
–
☐ Bank statements for last 12
months reviewed
–
☐ Property ownership verified
–
☐ Debts/liabilities ascertained
–
☐ Monthly income sufficient for
minor’s maintenance?
–
☐ Can grandmother support minor
AND withdraw benefits only as needed?
•
☐ Relationship and affection:
–
☐ Previous involvement in
minor’s life documented
–
☐ Emotional bonding with minor
assessed
–
☐ Frequency of
contact/interaction established
–
☐ Willingness to prioritize
minor’s interests
•
☐ Age and capacity:
–
☐ Grandmother’s age (is she
likely to be available during minor’s minority?)
–
☐ Health conditions that might
impede guardianship
–
☐ Life expectancy assessment
(though not determinative)
•
☐ Absence of adverse
interest:
–
☐ Any property disputes with
deceased father’s estate?
–
☐ Any inheritance/succession
interest in conflict with minor?
–
☐ Any litigation with minor’s
family members?
–
☐ Does grandmother stand to
benefit personally from service benefits?
–
☐ CRITICAL: Is appointment
sought for grandmother’s benefit or minor’s welfare?
•
☐ History of financial
management:
–
☐ Has grandmother managed
property/finances before?
–
☐ Any mismanagement/fraud
complaints?
–
☐ References from persons who
have known her?
B.2 MINOR’S WELFARE
ASSESSMENT
Physical
and Health Welfare:
•
☐ Current health status:
–
☐ Medical examination report
attached
–
☐ Any chronic
illnesses/disabilities?
–
☐ Nutritional status assessed
–
☐ Vaccination status verified
•
☐ Residence and living
conditions:
–
☐ Where is minor presently
residing?
–
☐ With grandmother or
elsewhere?
–
☐ Living conditions adequate
(housing, sanitation, safety)?
–
☐ Care arrangements
satisfactory?
Educational
Welfare:
•
☐ Current education status:
–
☐ School/institution name and
details
–
☐ Academic performance reviewed
–
☐ School authorities’ report on
minor obtained
–
☐ Any disciplinary issues?
•
☐ Future educational needs:
–
☐ Educational plan for minor
(school, coaching, higher education)
–
☐ Estimated costs calculated
–
☐ Whether service benefits
sufficient for education?
–
☐ Grandmother’s capability to
supervise education?
Moral
and Religious Welfare:
•
☐ Religion:
–
☐ Minor’s religion identified
–
☐ Grandmother’s religion noted
–
☐ Will grandmother
respect/promote minor’s religious faith?
•
☐ Moral development:
–
☐ Grandmother’s values and
ethics assessed
–
☐ Environment provided by
grandmother conducive to moral development?
–
☐ Any concerns from
school/community?
Emotional
and Psychological Welfare:
•
☐ Trauma/grief assessment:
–
☐ Has minor experienced
psychological trauma from father’s death?
–
☐ Is grandmother emotionally
equipped to provide support?
–
☐ Counseling/psychological
support needed?
•
☐ Bonding and attachment:
–
☐ Quality of grandmother-minor
relationship
–
☐ Stability and continuity
grandmother can provide
PART C: SERVICE
BENEFITS SPECIFIC CHECKLIST
C.1 IDENTIFICATION
OF SERVICE BENEFITS
•
☐ Deceased father’s service
details:
–
☐ Government employee or
private sector employee?
–
☐ Name, service number,
designation
–
☐ Date of appointment and date
of death
–
☐ Length of service completed
–
☐ Department/Ministry name
•
☐ Benefits available to
minor:
–
☐ Family Pension:
Eligibility and amount confirmed
–
☐ Death Gratuity: Amount
calculated as per rules
–
☐ Leave Encashment: If
any amount pending
–
☐ Insurance Benefits:
LIC policy/group insurance proceeds
–
☐ Commutation Amount: If
opted at father’s time of retirement
–
☐ Other terminal benefits:
Specify as applicable
•
☐ Total amount available:
–
☐ Lump sum amount (gratuity +
encashment etc.): Rs. _______
–
☐ Monthly recurring amount
(family pension): Rs. _______
–
☐ Duration of family pension
eligibility
–
☐ Any conditions/restrictions
on withdrawal
C.2 PENSION
RULES AND REGULATIONS APPLICABLE
•
☐ Applicable Pension Rules
identified:
–
☐ CCS (Pension) Rules 2021 /
Earlier Rules / State-specific rules
–
☐ Family Pension Rules
applicable to deceased father’s category
–
☐ Age limit for children’s
eligibility (usually till 25 or till marriage)
–
☐ Disability provisions (if
applicable)
•
☐ Minor’s eligibility
confirmed:
–
☐ Age of minor satisfies
continuation of family pension
–
☐ No bar to family pension due
to marriage/employment
–
☐ Marital status relevant (if
daughter, marriage would terminate)
•
☐ Guardian requirements per
pension rules:
–
☐ Court guardianship
certificate required?
–
☐ Indemnity bond required? If
yes, amount: Rs. _______
–
☐ Affidavit format specified by
pension department
–
☐ Form of guardianship
(limited/unlimited)
C.3 VERIFICATION
OF BENEFIT ENTITLEMENT
•
☐ Pension Payment Order
(PPO) obtained:
–
☐ PPO in deceased father’s name
obtained from pension office
–
☐ PPO shows minor as entitled
beneficiary
–
☐ PPO shows family pension
amount: Rs. _______
–
☐ PPO shows eligibility period
•
☐ Death certificate of
father:
–
☐ Certified copy obtained
–
☐ Death recorded with pension
department
–
☐ Pension stopped after death
confirmed
–
☐ Family pension sanction
process initiated
•
☐ Beneficiary status:
–
☐ Minor’s birth certificate
showing father
–
☐ Death certificate showing
minor as heir
–
☐ Any competing claims to
family pension
–
☐ Remarriage of mother (if
living) - impact on minor’s benefits?
•
☐ Bank account details:
–
☐ Account in which family
pension is to be credited identified
–
☐ Account holder (in minor’s
name through guardian)
–
☐ Bank address and account
number
C.4 RESTRICTIONS ON
WITHDRAWAL
•
☐ Pension department
restrictions checked:
–
☐ Can family pension be
withdrawn in lump sum or only monthly?
–
☐ Is lump sum gratuity
withdrawable immediately?
–
☐ Any period of probation
before withdrawal?
–
☐ Any certification
requirements from pension office?
•
☐ Court order restrictions
to be imposed:
–
☐ What amounts can grandmother
withdraw without fresh court order?
–
☐ What withdrawals require
separate court permission?
–
☐ Monthly maintenance limit:
Rs. _______
–
☐ Annual limit (if applicable):
Rs. _______
–
☐ Major expenses requiring
prior approval: (education, medical, property)
PART D: DECISION
MAKING FRAMEWORK CHECKLIST
D.1 LEGAL TESTS TO BE
SATISFIED
Test
1: Authority to Appoint Grandmother
•
☐ Statutory provision
satisfied:
–
☐ Section 7 & 9 G&W
Act: Is this guardianship case?
–
☐ Section 11 procedure complied
with (notice, hearing)?
–
☐ Section 17: Are conditions
met?
•
☐ Natural guardian
absent/incapacitated:
–
☐ Mother is definitively dead
(verified)
–
☐ OR mother judicially
determined unfit (with cogent evidence)
–
☐ No other person better suited
Test
2: Welfare of Minor (PARAMOUNT)
•
☐ Genuine welfare purpose:
–
☐ Guardianship seeks to benefit
minor, not grandmother
–
☐ Service benefits meant for
minor’s upbringing/education
–
☐ Grandmother not using minor’s
benefits for personal use
–
☐ No evidence of financial
motivation for guardianship
•
☐ Grandmother’s fitness
assessed:
–
☐ No adverse interest
–
☐ Adequate financial means
(independent of minor’s benefits)
–
☐ Emotional bonding with minor
–
☐ Capacity to manage
property/accounts
–
☐ Moral character sound
•
☐ Minor’s interests
protected:
–
☐ Benefits will reach minor
when attains majority
–
☐ Proper accounting maintained
–
☐ Court supervision mechanism
established
–
☐ Withdrawal justified by
genuine need
D.2 EVIDENTIARY STANDARDS
•
☐ Grandmother’s evidence:
–
☐ Affidavit filed and verified
–
☐ Examined-in-chief regarding
qualifications
–
☐ Subjected to
cross-examination
–
☐ Documents (certificates, bank
statements) submitted
–
☐ Credibility assessment
recorded in judgment
•
☐ Minor’s
evidence/representation:
–
☐ Probation report/social
worker report filed
–
☐ Minor’s wishes recorded (if
competent)
–
☐ School authority report
obtained
–
☐ Medical examination report
available
•
☐ Documents verifying
service benefits:
–
☐ PPO in original or certified
copy
–
☐ Death certificate
–
☐ Father’s service record
–
☐ Birth certificate of minor
showing father
–
☐ Bank details for crediting
benefits
•
☐ Supporting evidence:
–
☐ Character certificates
–
☐ Police verification report
(if obtained)
–
☐ Employer’s letter confirming
benefits
–
☐ Pension department’s
confirmation of eligibility
PART E: COURT
ORDER PREPARATION CHECKLIST
E.1 FINDINGS TO
BE RECORDED IN JUDGMENT
Factual Findings:
•
☐ Identity of parties:
–
☐ Minor: Name, age, religion,
address
–
☐ Applicant-Grandmother: Name,
age, address, qualifications
–
☐ Deceased Father: Name,
service details
–
☐ Mother: Status
(dead/incapacitated/unfit - with evidence)
•
☐ Jurisdiction finding:
–
☐ Minor ordinarily resides in
district
–
☐ Court has territorial
jurisdiction
•
☐ Service benefits finding:
–
☐ Service benefits available:
Type and amount
–
☐ Eligibility of minor
confirmed
–
☐ Pension rules applicable
identified
–
☐ Account details specified:
Bank name, type of account
•
☐ Welfare findings:
–
☐ Minor’s present condition and
needs assessed
–
☐ Grandmother’s fitness
established
–
☐ Genuine welfare purpose
confirmed
–
☐ No adverse interest on
grandmother’s part
Legal Findings:
•
☐ Statutory compliance:
–
☐ Section 11 procedure complied
with
–
☐ Proper notice given to all
interested persons
–
☐ Minor’s wishes (if
applicable) considered
–
☐ Court satisfied of grounds
under Sections 7, 9, 17
•
☐ Discretionary factors:
–
☐ Welfare of minor is paramount
consideration
–
☐ No person more suitable
available
–
☐ Grandmother’s character,
capacity, relationship considered
–
☐ Nearness of relationship to
minor noted
E.2 OPERATIVE PORTION OF
ORDER
Appointment
Order (Sample Framework):
E.3 RESTRICTIONS
AND CONDITIONS IN ORDER
Withdrawal Conditions:
•
☐ Permitted withdrawals
(without separate court order):
–
☐ “The guardian may withdraw up
to Rs. _____ per month for the minor’s ordinary maintenance expenses including
food, clothing, shelter, transportation.”
–
☐ “The guardian may withdraw
amounts for genuine medical expenses up to Rs. _____ per instance, provided
original medical prescriptions/bills are produced to the court annually.”
–
☐ “The guardian may withdraw
school/education fees directly to educational institution against fee receipts,
up to Rs. _____ per annum.”
•
☐ Restricted withdrawals
(requiring separate court order):
–
☐ “Any withdrawal exceeding the
permitted limits mentioned above”
–
☐ “Investments of funds in
property or securities”
–
☐ “Transfer of funds to
accounts other than the designated account”
–
☐ “Loans against the account or
benefits”
–
☐ “Pledging or mortgaging of
benefits”
Accounting Requirements:
•
☐ Quarterly/Half-yearly
accounts:
–
☐ “The guardian shall submit
accounts to the Court on [date] of each quarter/half-year showing:”
•
☐ Opening balance
•
☐ Amounts received during the
period
•
☐ Amounts withdrawn with
purpose and supporting bills
•
☐ Closing balance
•
☐ List of investments/property
held
•
☐ Any outstanding dues
•
☐ Documentation:
–
☐ “All accounts shall be
accompanied by original or attested copies of vouchers, bills, receipts, and
other supporting documents”
–
☐ “A ledger/register showing
all receipts and disbursements shall be maintained and produced to the court”
Indemnity Bond:
•
☐ “The guardian shall furnish
an indemnity bond in the amount of Rs. _______ [recommended: amount of 12-24
months of family pension] with a personal surety of Rs. _______”
–
☐ Bondholder identification
documented
–
☐ Bond amount paid and receipt
filed
–
☐ Bond document affixed to
court record
Bank Account Notification:
•
☐ “A certified copy of this
order shall be sent to [Bank Name], [Branch] with a direction that:” - [ ] “No
withdrawal should be made except by the guardian with production of
guardianship certificate and supporting documents” - [ ] “Withdrawals shall be
limited to [specify limits]” - [ ] “Bank shall inform the Court annually of all
transactions in the account”
Court Supervision:
•
☐ “The Court shall retain
jurisdiction to:” - [ ] “Inspect accounts and records at any time” - [ ]
“Modify restrictions as circumstances warrant” - [ ] “Direct specific
investments or expenditures” - [ ] “Remove the guardian if misuse is
established”
Review Provisions:
•
☐ “The next review hearing is
fixed for [date - 6 months later]”
•
☐ “The guardian shall file
affidavits on fixed dates as directed”
•
☐ “Minor shall be produced
before the Court on [specific dates]”
E.4 NOTICES AND
DIRECTIONS IN ORDER
To Pension Department:
•
☐ “A copy of this order shall
be sent to [Pension Department, Ministry/Department] with direction that:” - [
] “Family pension of [minor’s name] shall be credited to the account: [Bank
name, account number]” - [ ] “No withdrawal of lump sum benefits should be
allowed without production of this guardianship certificate” - [ ] “Monthly
pension statements to be sent to both the bank and the Court” - [ ] “Any change
in pension rules to be communicated to Court”
To Bank:
•
☐ “The designated bank shall
maintain the account in the name of [minor] with the guardian operating it”
•
☐ “Bank shall provide quarterly
statements to the Court”
•
☐ “Bank shall impose
restrictions on overdraft/pledging”
To School/Employer (if applicable):
•
☐ “The school/institution shall
be informed of guardianship”
•
☐ “Any educational/expense
documentation for withdrawal purposes to be provided directly to Court when
requested”
To District Collector (if applicable):
•
☐ “The District Collector is
informed of this appointment [if State G.O. mandates notification]”
•
☐ “The Collector may inspect
accounts if supervisory jurisdiction deemed necessary”
PART F: ANSWER
TO SPECIFIC PROCEDURAL QUESTIONS
F.1 WHETHER
EMPLOYER/COLLECTOR SHOULD BE PARTY
Employer (Pension Department):
|
Aspect |
Position |
Reason |
|
Legal Party Status |
NOT a required legal party under Section 11 |
Section 11 specifies only parents, custodian, proposed guardian,
and other interested persons |
|
Notice Requirement |
Should be INFORMED (non-binding) |
Employer controls the benefits and needs to know guardianship is
appointed |
|
Role |
Implements court order regarding benefit transfer |
Follows directions regarding account credit and withdrawal
restrictions |
|
Participation Rights |
Can submit information/comments on minor’s eligibility |
Cannot oppose or contest guardianship validity |
|
Court Supervision |
Court directs employer regarding benefit disbursement |
Not a supervising authority; court is |
|
Service |
Send copy of order as administrative notification |
Not served as litigant; served for information |
District Collector:
|
Aspect |
Position |
Reason |
|
Legal Party Status |
NOT mandatory; only if State G.O. requires |
Some State Governments have issued general/special orders
requiring Collector notice |
|
When Required |
If State G.O. under Section 11(2) is in force |
Verify in your State’s orders |
|
Role if Involved |
Has potential Court of Wards jurisdiction |
May assume superintendence if property is significant |
|
Notice |
If applicable, Section 11(2) mandates notice |
Collector may publish notice in any manner deemed fit |
|
Participation |
Collector may submit reports on minor’s welfare |
Can comment but not technically a party to dispute |
|
Ground in Order |
If notice given, record compliance in judgment |
Document Collector’s communication/objection if any |
F.2 RECOMMENDATION:
PARTIES TO NOTICE
ESSENTIAL - Must be Served: 1. ✓ Mother
(if living/incapacitated) 2. ✓ Proposed grandmother-guardian 3. ✓ Any other
person having custody of minor 4. ✓ Any relative whom court deems to have
interest
SHOULD BE NOTIFIED (Non-litigant Information): 5. ✓ Employer/Pension Department (send copy of final order) 6. ✓
Bank (where benefits account will be opened) 7. ✓ Minor’s school/institution
(for records)
CONDITIONAL: 8. ? District Collector
(only if State G.O. mandates)
NOT REQUIRED: 9. ✗ Grandchildren of
minor 10. ✗ Uncles/aunts (unless court specifically deems they have interest)
11. ✗ General public (unless newspaper publication directed)
PART G: FINAL
CHECKLIST BEFORE PRONOUNCEMENT
Before Pronouncing Order,
Verify:
Jurisdiction
& Procedure: - [ ] Petitioner is within limits
of jurisdiction - [ ] Petition admitted under Section 10 - [ ] Notice given
under Section 11 - [ ] Minimum publication period observed - [ ] All required
parties heard - [ ] Time for filing objections expired
Substantive
Requirements: - [ ] Mother’s death/incapacity
established - [ ] No other suitable person available - [ ] Grandmother’s
fitness established - [ ] Minor’s welfare will be served - [ ] No adverse
interest on grandmother’s part - [ ] Service benefits verified and amounts
confirmed
Documentary
Requirements: - [ ] Death certificate of mother
filed - [ ] Birth certificate of minor filed - [ ] PPO/service benefit
documents filed - [ ] Affidavit of grandmother filed - [ ] Character
certificates attached - [ ] Police verification report (if obtained) - [ ] Probation/social
worker report filed - [ ] Bank details confirmed
Findings
Recorded: - [ ] All findings clearly recorded in
judgment - [ ] Reasons for appointment documented - [ ] Welfare considerations
specified - [ ] Restrictions justified and explained - [ ] Conditions for
withdrawal specified
Order
Details: - [ ] Guardian identified correctly (full
name, address) - [ ] Minor identified correctly (full name, date of birth) - [
] Property/benefits described with amounts - [ ] Account details specified
(bank, account number) - [ ] Withdrawal limits clearly stated - [ ] Accounting
frequency fixed - [ ] Review dates scheduled - [ ] Indemnity bond amount
specified
Notification
Arrangements: - [ ] Certified copies to be sent to
employer - [ ] Certified copies to be sent to bank - [ ] Notification to
Collector (if applicable) - [ ] Directions clearly worded for implementation
Custody
& Protective Measures: - [ ] Copy of order
certified - [ ] Guardianship certificate issued (Form as per High Court Rules)
- [ ] Certificate to be handed to guardian - [ ] Certified copy to be sent to
bank on same day - [ ] Certified copy to be sent to pension office on same day
PART H:
POST-APPOINTMENT MONITORING CHECKLIST
To be done after
order is pronounced and copies sent:
Immediate (Within 2 Weeks): - [ ]
Guardianship certificate issued to guardian - [ ] Certified copies sent to
pension office with directions - [ ] Certified copies sent to bank with
restrictions - [ ] Bank account opened in minor’s name - [ ] Indemnity bond
furnished and filed - [ ] Any pending objections/appeals period noted
Within 1 Month: - [ ] First credit of
family pension received in account - [ ] Guardian produces proof of account
opening - [ ] Bank confirms receipt of court order/restrictions - [ ] Pension
office confirms processing of guardianship certificate
First Review (6 Months): - [ ] Guardian
files first account with supporting documents - [ ] Bank statement for 6-month
period reviewed - [ ] Withdrawals justified by receipts/bills - [ ] Account
reconciliation verified - [ ] Minor’s welfare assessed (health, education,
living conditions) - [ ] Any misuse or deviation from conditions flagged
Annual (Every Year): - [ ] Accounts
submitted by March 31 of each year - [ ] Court review hearing conducted - [ ]
Cash balance verified against statements - [ ] Withdrawal pattern analyzed for
reasonableness - [ ] Any investments/property transfers examined - [ ]
Guardian’s fitness re-assessed for continued appointment - [ ] Minor’s
advancing age and welfare reassessed - [ ] Any complaints regarding guardian’s
conduct addressed
Before Minor Attains Majority (6 Months Before): - [ ] Guardian ordered to submit final account - [ ] All funds
accounted for - [ ] Any pending amounts recovered - [ ] Bank account to be
transferred to minor’s independent name - [ ] Minor advised of account details
and balances - [ ] Guardianship order deemed concluded - [ ] Court records
sealed
PART I: RED
FLAGS - GROUNDS FOR REFUSAL/REMOVAL
Court Should Refuse Guardianship Appointment If:
•
☐ Mother is alive and not
proven unfit
•
☐ Grandmother has adverse
interest in property
•
☐ Grandmother’s
character/conduct questionable
•
☐ Grandmother seeks
guardianship for personal benefit
•
☐ Financial capacity of
grandmother is insufficient
•
☐ No genuine welfare purpose
evident
•
☐ Minor expresses preference
for another guardian
•
☐ Previous instances of
financial mismanagement by grandmother
•
☐ Court unable to verify
service benefit details
•
☐ Competing guardianship claims
from more suitable persons
•
☐ Insufficient evidence of
deceased father’s relationship to minor
Grounds for Removal After Appointment (Section 39):
•
☐ Misappropriation/misuse of
minor’s benefits
•
☐ Failure to file accounts as
directed
•
☐ Withdrawal of amounts in
violation of court order
•
☐ Pledging/mortgaging of
minor’s benefits
•
☐ Investing in unauthorized
manner
•
☐ Neglect of minor’s
education/health
•
☐ Abuse of minor
(physical/emotional/financial)
•
☐ Grandmother ceasing to reside
in jurisdiction
•
☐ Grandmother becoming
insolvencyful/financially insolvent
•
☐ Grandmother acquiring adverse
interest in minor’s property
•
☐ Repeated violations of court
directions
PART J: FORMS AND
DOCUMENTS REFERENCES
Relevant
Forms Under Guardianship Rules:
•
Form 2: Declaration of
Willingness to Act as Guardian
•
Form 3: Notice of Application
for Guardianship
•
Form 4: Order Appointing
Guardian of Person
•
Form 5: Order Appointing
Guardian of Property
•
Form 6: Guardianship
Certificate
•
Form 19: Application for
Removal/Discharge of Guardian
•
Form 20: Order for Interim
Removal/Discharge
Relevant
Sections of Guardians and Wards Act, 1890:
•
Section 7: Meaning of guardian
under the Act
•
Section 9: Persons who can
apply for guardianship
•
Section 10: Conditions for
application
•
Section 11: Notice and hearing
procedure
•
Section 12: Powers of court to
make custody orders
•
Section 17: Welfare principle
and considerations
•
Section 19: Persons who cannot
be appointed guardians
•
Section 39: Removal of
guardians
Relevant
Pension Rules:
•
CCS (Pension) Rules 2021 (for
Central Government employees)
•
State Pension Rules (for State
Government employees)
•
Family Pension Rules applicable
to deceased father’s service category
•
Rule on Guardianship
Certificate requirements for family pension
PART K: KEY CASE LAW
REFERENCES
Guardianship
& Welfare Principle:
1.
Welfare is Paramount: Supreme Court reiterates that welfare of minor is the paramount
consideration in all guardianship matters
2.
Natural Guardian Priority: After death of father, mother is natural guardian; grandparents
appointed only if mother is absent/unfit
3.
Property Protection: Guardians do not have unrestricted powers; court permission
required for alienation of immovable property
4.
Duty of Court: Court exercises parens patriae jurisdiction to protect minor’s
interests
5.
Account Supervision: Court must retain supervisory jurisdiction and monitor guardian’s
accounts
For
Family Pension & Service Benefits:
1.
Family pension is not a matter
of charity but a legal right of eligible beneficiaries
2.
Guardian must maintain accounts
and produce vouchers for all withdrawals
3.
Court can impose restrictions
on withdrawal based on necessity and evident advantage to minor
4.
Pension department must accept
guardianship certificate issued by court
5.
Any alienation of benefits
without court permission is voidable at minor’s instance
CONCLUSION
1.
Verify proper parties to the guardianship proceeding
2.
Assess grandmother’s fitness using objective criteria
3.
Protect minor’s interests through court supervision
4.
Ensure transparent
accounting of service benefits
5.
Impose reasonable
restrictions on benefit withdrawal
6.
Monitor compliance with court conditions
7.
Make informed judicial
decisions prioritizing minor’s welfare
CRITICAL PRINCIPLE: Even when appointing guardians, the court’s primary duty is NOT to
enforce guardian’s rights but to protect the MINOR’S INTERESTS AND WELFARE at
every stage.
This toolkit is a reference
guide and should be adapted based on the specific State Rules, High Court
Orders, and fact circumstances of each case.
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