who is entitled to claim guardian ship of "X" of person and his property
Gururja Rao
(Querist) 19 May 2008
This query is : Resolved
"A to "E" and "F to I" are real brothers and sisters.
"A" Married, No issues,During life time A adopted “X” who is the son of His brother B when “X” was six months old.
After graduation “X” became mentally retarded and is admitted in rehabitation center. A has purchased a property and is in possession of tenants. “A”and his wife also expired after some time.
" B"s Out of first marriage one male “X” issue born and was adopted by "A", and after the death of first wife,"B"married again and out of said wed lock one daughter born,"B" and his second wife expired leaving behind their daughter who got married during their life time.
"C"is Un married and mentally retarded.
"D"Married and separated with family and having two sons.
"E"Married and having two sons
After the death of his brothers “A” and “B” E is looking after the welfare of “X” who is adopted son of “A”.
"F to I" who are sisters, all are married and leaving separately, and are claiming and demanding guardianship and custody of person "X" and his property left behind by "A".
Now My question is who is entitled to have guardian ship of “X” and custody of Property of “A” since “X” became mentally retarded. Can “B”s surviving daughter who originally before adoption was a sister of “X” claim his guardianship and custody of property of "A", or “E” who is looking after the affairs of “X” and property of “A” or Sisters F to I of “A”. and in case if "E" who is now looking after welfare of "X" does not want to continue the same and not interested in taking custody and guardianship of person "X" and his property, who can claim the same out of remaining relatives as per law?
J K Agrawal
(Expert) 20 May 2008
First I suppose that X the adopted son is of sound mind. If He is not Hindu by caste there is nothing in Guardians and Wards Act 1890 that who has a RIGHT to be appointed as guardian. As per S 17 only welfare of child is considered. If Parties are Hindu only father then mother (or adoptive father / Mother ) are natural guardian and they have preferential right as per section 12 of Hindu minority and guardianship act 1956. Any body else can be appointed by the court only and as per section 13 no body has a RIGHT and only welfare of child is considered.
I can’t understand why all these people are well wishers of X. It should be noted that they would not be owner or entitle to property of minor even if they spend money to brought him up.
But In your case X is of unsound mind. In such a case the both laws are not applicable.
Master X is governed by The Indian Lunatic Act which is replaced by the Mental Health Act. Please refer to those laws for proper welfare of X.
Gururja Rao
(Querist) 20 May 2008
sir, "X" is not minor, and his adopted mother and father were already expired, and his original father i.e "B" and mother were also expired leaving behind one sister who born to second wife of "B" got married.and all the family members are goverened by Hindu law.
