In short. Guardianship of a minor in Delhi is granted by a court order under the Guardians and Wards Act 1890, appointing someone to look after a child under 18, the child's property, or both. It is for grandparents or relatives raising a child after a parent's death, and for a parent who needs permission to sell a minor's share in property. An uncontested petition in Delhi usually takes three to ten months. Next step: decide whether you need guardianship of the person, of property or only court permission, and collect the papers.
Is this your situation?
- Your son or daughter has died and you are raising their child, and the school, bank or passport office wants proof that you are the guardian.
- You are a widowed mother and want to sell a flat you inherited jointly with your minor children.
- A minor has received insurance money, accident compensation or a share in a parent's estate, and someone must manage it.
- You are an unmarried mother and want sole guardianship without involving the child's father.
- You live abroad and your parents in Delhi are bringing up your child.
- A relative is managing a child's property and you are worried it is being misused.
- A guardianship petition has been filed for a child in your family and you want to oppose it.
Key points
- Parents usually do not need a court order to be guardians. A natural guardian can act for the child, but needs court permission to sell, mortgage, gift or lease the child's immovable property.
- Others need an appointment by the court. Grandparents, uncles, aunts or family friends become legal guardians by filing a petition under the Guardians and Wards Act.
- File where the child ordinarily lives. Guardianship of the person goes to the family court of that district; property matters can also go to the court where the property is.
- The child's welfare decides everything. The court looks at who will actually care for the child, not who has the strongest claim as a relative.
- A guardian of property answers to the court. Expect conditions such as fixed deposits in the child's name, a bond and periodic accounts.
- Disclose every relative and every interest. Petitions fail or get delayed when the other parent or close relatives are left out of the notice list.
How guardianship of a minor in Delhi works
A guardian is a person who has the care of a minor's person, the minor's property, or both. Indian law recognises three kinds. A natural guardian is a parent. A testamentary guardian is someone appointed by a parent's will. A court-appointed guardian is someone the court names under Section 7 of the Guardians and Wards Act 1890. Guardianship of a minor in Delhi, for anyone other than a parent, almost always means the third kind.
For Hindu children, Section 6 of the Hindu Minority and Guardianship Act 1956 names the father and, after him, the mother as natural guardians, with custody of a child under five ordinarily with the mother. In Gita Hariharan v. Reserve Bank of India (1999) the Supreme Court read 'after' to mean 'in the absence of', so a mother can act as natural guardian whenever the father is not in charge of the child's affairs. For a child born outside marriage, the mother is the natural guardian.
For Muslim children, guardianship of property follows personal law (the father, then his executor, then the paternal grandfather), while the mother has custody of young children. Guardianship petitions for children of every religion are filed under the Guardians and Wards Act, which is a secular statute and the procedural backbone of all these cases.
Guardianship is different from custody and adoption. Custody decides where a child lives day to day between separated parents; our page on child custody in Delhi covers that. Adoption, under the Hindu Adoptions and Maintenance Act or the Juvenile Justice Act 2015, makes the adoptive parent the child's parent for all purposes. Guardianship stops at 18 and does not change the child's family identity.
The Guardians and Wards Act and related law in brief
Sections 7 to 12, Guardians and Wards Act 1890
Section 7 lets the court appoint a guardian of the person or property, or both, where it is for the minor's welfare. Section 8 says who may apply: the person who wishes to be guardian, a relative or friend of the minor, or the Collector. Section 9 fixes the court. Section 10 sets out what the petition must state and requires a declaration by the proposed guardian of willingness to act, signed and attested by at least two witnesses. Section 11 requires notice to the parents and others, and Section 12 allows interim orders to protect the child and the property.
Sections 17 and 19, Guardians and Wards Act
Section 17 tells the court to be guided by the minor's welfare, considering age, sex and religion, the character and capacity of the proposed guardian, nearness of kinship, the wishes of a deceased parent, and existing relations with the minor or the property; an older child's preference may be considered. Section 19 bars the appointment of a guardian of the person of a minor whose father or mother is alive and, in the court's opinion, not unfit.
Sections 29 to 34 and 47, Guardians and Wards Act
A court-appointed guardian of property cannot sell, mortgage, gift or exchange the minor's immovable property, or lease it for more than five years or beyond a year after the minor turns 18, without the court's permission (Section 29). Permission is given only for necessity or evident advantage to the minor (Section 31). Section 34 lets the court require a bond and accounts. Section 47 lists the orders that can be appealed to the High Court.
Section 8, Hindu Minority and Guardianship Act 1956
A natural guardian can do all acts necessary for the benefit of the minor, but needs the court's previous permission to sell, mortgage, gift or exchange the minor's immovable property, or to lease it for more than five years or beyond a year after majority. A transaction without permission is voidable at the minor's instance. Section 12 says no guardian is appointed for a minor's undivided interest in joint family property, which the karta manages.
Who needs a guardianship order, and who does not
A living parent who is caring for the child usually needs no order to be guardian of the person. Schools, hospitals and passport offices accept a parent's signature. Where one parent has died, the surviving parent acts alone. The order becomes necessary for a parent mainly in property matters: selling the child's share in an inherited flat, mortgaging it for a loan, or receiving a large sum on the child's behalf where the bank insists on a court order.
Grandparents and other relatives are in a different position. Even when they are doing all the parenting, the law does not treat them as guardians unless a court appoints them or a parent's will names them. They often discover this when they try to renew a passport, open a bank account in the child's name, sign consent for surgery or deal with compensation money. A court order solves each of these problems at once.
An unmarried mother can apply for guardianship without notice to the father in suitable cases. In ABC v. State (NCT of Delhi) (2015), a case arising from Delhi, the Supreme Court held that a guardian judge could decide an unwed mother's petition without requiring notice to the putative father, where she does not wish to disclose his identity, because the child's welfare is the governing consideration.
Where both parents have died, the court appoints a guardian of the person and, if there is property, of the property too. Where one parent is alive but unfit, or has abandoned the child, Section 19 allows an appointment only after the court is satisfied about that unfitness. That question is decided on evidence, not on the petitioner's description of the parent.
Which court in Delhi hears a guardianship petition
Section 9 of the Guardians and Wards Act decides the court. A petition for guardianship of the person goes to the court of the district where the minor ordinarily resides. A petition for guardianship of property can go to that court or to the court of the district where the property is situated. 'Ordinarily resides' means where the child actually lives as a settled home, not a place the child was moved to shortly before filing.
In Delhi, guardianship of the person, and custody and access, are heard by the family courts under the Family Courts Act 1984, which sit in the district court complexes at Tis Hazari, Saket, Karkardooma, Rohini, Dwarka and Patiala House. Our page on Delhi family courts explains which area goes to which complex. Petitions about a minor's property, including permission to sell under Section 8 of the Hindu Minority and Guardianship Act, are commonly heard by the District Judge of the district concerned; check the filing counter of the right complex before you file.
The Delhi High Court comes in on appeal. An order of a family court goes in appeal to a Division Bench under Section 19 of the Family Courts Act within 30 days. An order of a District Judge under the Guardians and Wards Act goes in appeal under Section 47 to a single judge of the High Court, registered as a first appeal from order. The High Court can also act in its parens patriae jurisdiction for persons who cannot look after themselves. Our page on guardianship cases in the Delhi High Court covers these routes. This is a private law firm website; official case status is on the courts' own websites.
If the child lives in Noida, Ghaziabad or Gurugram, the petition belongs there, and the appeal lies to the Allahabad or Punjab and Haryana High Court, even if the property is in Delhi. A Delhi court may still deal with permission over Delhi property under Section 9(2).
How to file a guardianship petition in Delhi, step by step
This is the usual path for an uncontested petition. A contested petition adds evidence and cross-examination.
Decide exactly what you need
Guardianship of the person, of the property, or both; or, for a parent, only permission to sell or mortgage under Section 8 of the Hindu Minority and Guardianship Act. The relief decides the court, the documents and the conditions the court will impose.
Identify the right court
For the person, the family court of the district where the child ordinarily lives. For property, that court or the court where the property is. Get this right, because a petition in the wrong court is returned after months.
Prepare the petition and declaration
The petition gives the child's name, date of birth, religion and residence, the property with its approximate value, who has custody, the names and addresses of near relatives, and the reasons. Attach the proposed guardian's declaration of willingness, attested by two witnesses.
Collect consents and no-objections
Affidavits of no objection from the surviving parent and close relatives (grandparents on both sides, adult siblings) make the petition uncontested and shorten it considerably.
Notice and publication
The court issues notice to the persons named and often directs publication in a newspaper inviting objections. Keep the newspaper cuttings and service reports for the file.
Inquiry and hearing
The court records the petitioner's statement, may speak to an older child in chambers, and may ask for a property valuation or details of the proposed sale. Answer questions about the child's daily life plainly; the judge is assessing welfare, not paperwork.
Order and conditions
The order appoints the guardian, sometimes with a bond or surety, and in property cases sets terms such as depositing the child's share in a fixed deposit until 18. Get a certified copy, which is what schools, banks and registrars will ask for.
Comply and account
File any compliance report the court asks for within the time fixed, keep the child's money separate, and file accounts when directed. Guardianship ends when the child turns 18.
How long it takes and what it costs
| Stage or type of petition | Typical time in Delhi | Court fee and costs (general) |
|---|---|---|
| Drafting and filing with consents | Two to four weeks to gather papers | Nominal court fee; check the current figure at filing |
| Notice, service and newspaper publication | One to three months | Publication charges of the newspaper; process fee |
| Uncontested guardianship of the person | Three to eight months from filing | No further court fee |
| Permission to sell a minor's share (Section 8 HMGA or Section 29 GWA) | Four to twelve months | Valuation report costs; stamp on bond or surety if required |
| Contested guardianship | One to three years | Costs of evidence and certified copies |
| Appeal to the Delhi High Court | 30 days for a family court order; decided in six months to two years | Court fee as per the schedule; paper book costs |
Documents for a guardianship petition
About the child and the family
- Child's birth certificate and Aadhaar
- Death certificate of the deceased parent or parents
- School records or a bonafide certificate showing where the child lives and studies
- Proof of the petitioner's residence and identity
- Family tree listing near relatives on both sides with addresses
- No-objection affidavits from the surviving parent and close relatives
- Any will appointing a guardian
About the property
- Title papers of the property: sale deed, mutation, conveyance deed or DDA documents
- Proof of the child's share: succession certificate, will, relinquishment or legal heir documents
- Valuation report from a registered valuer
- The proposed sale agreement or loan sanction and the buyer's details
- A written plan for the child's share: fixed deposit, new property in the child's name, or education costs
- Bank and FD statements if money is to be managed
Becoming guardian of property: selling or managing a minor's share
The commonest guardianship case in Delhi is not about the child's care at all. It is a widowed mother, or a family after a death, wanting to sell a flat in which minors have inherited a share. Buyers, banks and sub-registrars will not proceed without a court order, because a sale of a minor's share without permission is voidable at the minor's option, and the buyer could lose the property years later.
The test is necessity or evident advantage to the minor. Necessity covers education, medical treatment, maintenance and paying debts that bind the property. Evident advantage covers selling an old flat to buy a better one, or selling a share that is unusable and earns nothing. Courts are suspicious of sales that mainly benefit the adults, such as funding a business, or where the price looks low.
When Advocate B.K. Singh prepares a petition for permission to sell a minor's share, he attaches the draft agreement with the buyer, a valuation report and a written plan for the minor's money, such as a fixed deposit in the child's name until 18 or a new property bought in joint names. Courts approve a concrete plan far more readily than a general promise to use the money for the children's benefit.
Expect conditions. The court commonly directs that the minor's proportionate share of the price go into a fixed deposit with no premature withdrawal without leave, or into a property in which the minor holds a share, and that a compliance report be filed. A guardian who ignores these conditions can be removed under Section 39 and ordered to make good the loss. If the dispute is about another family member selling joint property without consent, our guide on stopping a family member from selling joint property covers that separate problem.
A made-up example: a widow in Dwarka and a flat in Mayur Vihar
Here's a made-up example. Sunita's husband died in 2024, leaving a DDA flat in Mayur Vihar. Under the Hindu Succession Act, Sunita, their two children aged 12 and 9, and her mother-in-law each inherited a quarter share. Sunita lives with the children in a rented flat in Dwarka, near their school. The Mayur Vihar flat is vacant, and she wants to sell it and buy a smaller flat in Dwarka in her and the children's names.
Her mother-in-law agrees and gives a relinquishment deed in favour of the children. Sunita files a petition under Section 8 of the Hindu Minority and Guardianship Act before the court with jurisdiction, attaching the succession papers, a valuation report, the buyer's draft agreement and the agreement to buy the Dwarka flat. She explains that the children will hold a larger share in a home they actually live in, and that the balance will be put in fixed deposits in their names.
On these made-up facts, the court grants permission after recording Sunita's statement, on condition that the Dwarka flat is registered in the joint names of Sunita and both children, the surplus is kept in fixed deposits in the children's names until they turn 18, and a compliance report is filed within two months. Had the plan been only to 'use the money for the family', the court might have refused. The facts here are invented to show the reasoning.
Grandparents and relatives raising a child
Grandparents raising a child after a parent's death, or after both parents have left the child with them, are among the most frequent petitioners in Delhi family courts. Their petitions usually succeed where the child has lived with them for some time, attends school nearby, and the surviving parent either consents or has shown no interest in the child's care.
The difficulty comes when the surviving parent objects. Section 19 bars the appointment of a guardian of the person while a parent is alive and not unfit. A mother who remarried and moved to another city is not unfit merely for that reason, and a father who works long hours is not unfit because the grandparents do the school runs. The court asks what is best for this child, and a parent's claim is strong unless the evidence shows neglect, abandonment or real danger. Our guide on whether a father can get custody explains how courts weigh parental claims.
In grandparent cases, Advocate B.K. Singh's first practical step is to get the surviving parent's consent affidavit and no-objection affidavits from the relatives on the other side of the family before filing. A petition filed with those affidavits is usually decided in months; one filed without them, or behind a parent's back, invites a contest that can run for years and harm the relationships the child depends on.
Where the parents live abroad and have left the child with grandparents in Delhi, a court order is often unnecessary if the parents can sign what is needed, but it becomes useful for medical consent, school admissions and passport renewal if the parents cannot travel. Our page for NRI and overseas clients explains how parents abroad can give consent and appear by video.
Duties of a court-appointed guardian
A guardian of the person must look after the child's support, health and education, as Section 24 requires, and cannot take the child out of the court's jurisdiction without leave under Section 26. That includes moving abroad with the child. If you expect to relocate, raise it with the court before you do.
A guardian of property must deal with the property as carefully as a person of ordinary prudence would deal with their own, under Section 27. Keep the child's money in accounts in the child's name, keep every receipt, and file accounts when the court asks. Mixing the child's money with your own is the most common reason for complaints by relatives, and the court can order a refund with interest.
Any relative, or the child on turning 18, can ask the court to remove a guardian who abuses the trust, neglects the child or fails to account. Guardianship ends when the child turns 18, on the guardian's death or discharge, or on removal. The guardian should hand over the property and a final account at that point.
Money a child receives in other proceedings often has its own rules. Accident compensation for a minor is usually kept in fixed deposits by the Motor Accident Claims Tribunal, with withdrawals only on its order, and a share in a deceased parent's bank deposits may need a succession certificate rather than a guardianship order; see our guide on succession certificates.
Mistakes that delay guardianship petitions
- Leaving out a parent or close relative. The court will issue notice anyway once it learns of them, and the delay is longer than if they had been named at the start.
- Filing where the property is when the child lives elsewhere. Guardianship of the person belongs to the court where the child ordinarily resides.
- A vague plan for the minor's money. Courts want to know where each rupee of the child's share will go.
- Filing for guardianship when only permission is needed. A parent who needs to sell a minor's share asks for permission under Section 8, not appointment as guardian.
- Selling first and asking later. A sale of a minor's share without prior permission is voidable, and buyers and banks know it.
- Treating the hearing as a formality. The judge may ask about the child's school, health and routine; vague answers raise doubts.
If you want to oppose a guardianship petition
File objections on the notice date, supported by documents. A parent opposing grandparents' petition should show their involvement in the child's life: school fee receipts, messages with the child, visits, medical decisions. A relative opposing a property sale should show why it is not for the child's benefit: an undervalue, a better use of the property, or a plan that leaves the child's share unprotected.
The court can order interim arrangements under Section 12 while it decides, such as visitation for the objecting parent or a freeze on the property. Do not remove the child from Delhi or take steps over the property while the petition is pending without leave. Our guide on visitation rights for parents in Delhi covers interim access.
What to do this week
Write down what you need the order for: school, passport, medical consent, bank, or the sale of property. That decides whether you need guardianship of the person, of property, both, or only permission. Find out where the child has been living and studying for the past year, because that decides the court.
Collect the birth and death certificates, the property papers, and the addresses of every near relative on both sides of the family. Speak to the surviving parent and close relatives about consent affidavits. If a sale is planned, get a valuation report and a draft agreement before filing. Our page on guardianship in Delhi sets out the court process in more detail.
If you want your papers checked before filing, or updates on guardianship law in Delhi, contact Advocate B.K. Singh.
Frequently asked questions
Does a mother need a court order to be her child's guardian?
No, a mother is a natural guardian and can act for her child, especially where the father is absent or not involved. She needs court permission only to sell, mortgage, gift or lease the child's immovable property beyond the limits in Section 8 of the Hindu Minority and Guardianship Act.
Can grandparents become legal guardians in Delhi?
Yes, by filing a petition under the Guardians and Wards Act in the family court of the district where the child lives. If a parent is alive, the court will appoint them only if that parent consents or is shown to be unfit.
How long does a guardianship certificate take in Delhi?
An uncontested petition with consents usually takes three to eight months, depending on service, publication and the court's calendar. A contested petition can take one to three years.
What is a guardian of property?
A guardian of property manages a minor's property, such as a share in a flat, bank deposits or compensation money, under the court's supervision. The guardian cannot sell or mortgage the minor's immovable property without the court's permission.
Can I sell my minor child's share in property?
Only with prior permission of the court, which is given for necessity or evident advantage to the child. A sale without permission can be set aside by the child later, so buyers usually insist on the court order.
Is a guardianship order needed for a minor's passport?
Usually not where a parent is available, as the passport rules allow parents to apply. Where both parents have died or are unavailable, a guardianship order from a court is the usual proof the passport office asks for.
Can a guardian take the child abroad?
A court-appointed guardian of the person needs the court's leave under Section 26 of the Guardians and Wards Act to remove the child from its jurisdiction. Apply before making travel or relocation plans.
Does guardianship end at 18?
Yes. Guardianship of a minor ends when the child turns 18. The guardian of property should then hand over the property and a final account to the young adult.
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M. More than twenty years in practice before the Supreme Court, the Delhi High Court, Delhi district courts and tribunals. This guide was written and reviewed by his team.
This guide explains the law in general terms and is not legal advice. For advice on your own papers, contact the team.
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