whether to file suit in district court or petition in family court or petition before magistrate and under what act or provision

How to become a guardian. You must go through a court process to become someone's guardian. Even if the person has already consented to you becoming their guardian, you must get a court order for your guardianship to be legal. First, you have to file a petition in court and pay the filing fee.

Though under provisions of Guardian and Wards Act 1980 District court have jurisdiction to appoint guardian iof minor and lunatic in person and property both but sec 7 of Family Court Act says  that family court has jurisdiction to appoint guardian of minor and lunatic in person.Recent judgments confirm that family court has jurisdiction to appoint guardian of Minor's person and District Court has jurisdiction to appoint guardian for Minor's property .

this is not for minor and it is for a mentally retarded person who has just lost his parents. his sister now wants to become the guardian for the sake of receiving his pension . I want to know under what procedure should I file and whether it needs to be a suit or a petition

Under Section 14 in The National Trust for Welfare of Persons with Autism, cerebral palsy, Mental Retardation and Multiple Disabilities Act, 1999

14. Appointment for guardianship.—

(1) A parent of a person with disability or his relative may make an application to the local level committee for appointment of any person of his choice to act as a guardian of the persons with disability. 14. Appointment for guardianship.—(1) A parent of a person with disability or his relative may make an application to the local level committee for appointment of any person of his choice to act as a guardian of the persons with disability."

(2) Any registered organisation may make an application in the prescribed form to the local level committee for appointment of a guardian for a person with disability: (2) Any registered organisation may make an application in the prescribed form to the local level committee for appointment of a guardian for a person with disability\: Provided that no such application shall be entertained by the local level committee, unless the consent of the guardian of the disabled person is also obtained. Provided that no such application shall be entertained by the local level committee, unless the consent of the guardian of the disabled person is also obtained.

(3) While considering the application for appointment of a guardian, the local level committee shall consider— (3) While considering the application for appointment of a guardian, the local level committee shall consider—

(a) whether the person with disability needs a guardian; (a) whether the person with disability needs a guardian;"

(b) the purposes for which the guardianship is required for person with disability. (b) the purposes for which the guardianship is required for person with disability."

(4) The local level committee shall receive, process and decide applications received under sub-sections (1) and (2), in such manner as may be determined by regulations: (4) The local level committee shall receive, process and decide applications received under sub-sections (1) and (2), in such manner as may be determined by regulations\: Provided that while making recommendation for the appointment of a guardian, the local level committee shall provide for the obligations which are to be fulfilled by the guardian. Provided that while making recommendation for the appointment of a guardian, the local level committee shall provide for the obligations which are to be fulfilled by the guardian.

(5) The local level committee shall send to the Board the particulars of the applications received by it and orders passed thereon at such interval as may be determined by regulations.The local level committee shall send to the Board the particulars of the applications received by it and orders passed thereon at such interval as may be determined by regulations.