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Section 11: Procedure on admission of application

Guardians and Wards Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1890
Section 10 All 53 Sections of Guardians and Wards Act Section 12

Legal Commentary & Landmark Judgments: Section 11

Section 11 regulates the issuance and statutory service of notice of the guardianship application to interested relatives, parents, and administrative authorities prior to judicial inquiry.

  • Service on Parents: Notice of the application and the date of hearing must be served on the parents of the minor if they are residing within the State.
  • Service on Proposed Guardian & Relatives: Must be served on the person named in the petition as having the custody of the minor, and on near relations whose names are listed in the petition.
  • Public Proclamation for Property: Where the application relates to property, notice must be posted conspicuously in the court-house and at the minor's ordinary residence.
  • Notice to Collector: Notice must be served on the District Collector if the application concerns revenue-paying land.
Key Landmark Precedents:
  • Nil Ratan Kundu v. Abhijit Kundu (2008) 9 SCC 413: The Supreme Court emphasized that notice under Section 11 is an indispensable safeguard of natural justice; an order appointing a guardian without notice to surviving parents is voidable.
  • Smt. Ram Dulari v. Smt. Radha Devi AIR 1982 All 123: Held that failure to serve statutory notice on close living relatives under Section 11 vitiates the ex-parte appointment of a guardian.
Courtroom Practice & Strategic Litigation Guidance:

Ensure all living parents, grandparents, and custodial relatives are specifically arrayed as respondents or noticees under Section 11. An appointment obtained by concealing living parents or close relatives is liable to be revoked under Section 39.

Section 10 All 53 Sections of Guardians and Wards Act Section 12