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Guardians and Wards Act,1890

Act No : 8


Section : Form of application

10. Form of application.-(1) If the application is not made bythe Collector, it shall be by petition signed and verified in mannerprescribed by the 1* Code of Civil Procedure (14 of 1882), for thesigning and verification of a plaint, and stating, so far as can beascertained-- (a) the name, sex, religion, date of birth and ordinary residence of the minor;---------------------------------------------------------------------1. See now the Code of Civil Procedure, 1908 (5 of 1908).11 (b) where the minor is a female, whether she is married, and, if so, the name and age of her husband; (c) the nature, situation and approximate value of the property, if any, of the minor; (d) the name and residence of the person having the custody or possession of the person or property of the minor; (e) what near relations the minor has, and where they reside; (f) whether a guardian of the person or property, or both, of the minor has been appointed by any person entitled or claiming to be entitled by the law to which the minor is subject to make such an appointment; (g) whether an application has at any time been made to the Court or to any other Court with respect to the guardianship of the person or property, or both, of the minor, and, if so, when, to what Court and with what result; (h) whether the application is for the appointment or declaration of a guardian of the person of the minor, or of his property, or of both; (i) where the application is to appoint a guardian, the qualifications of the proposed guardian; (j) where the application is to declare a person to be a guardian, the grounds on which that person claims; (k) the causes which have led to the making of the applications; and (l) such other particulars, if any, as may be prescribed or as the nature of the application renders it necessary to state. (2) If the application is made by the Collector, it shall be byletter addressed to the Court and forwarded by post or in such othermanner as may be found convenient, and shall state as far as possiblethe particulars mentioned in sub-section (1). (3) The application must be accompanied by a declaration of thewillingness of the proposed guardian to act and the declaration mustbe signed by him and attested by at least two witnesses.


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