Guardianship of a child: becoming the legal guardian
How a relative or other person becomes the court-appointed guardian of a child or of a child's property: who can apply, which court, what the petition says, and a guardian's duties.
- ✓A guardian is the person legally responsible for a child under 18, or for the child's property, or both. When a child's parents have died or cannot act, a relative or other person can ask the District Court or Family Court to appoint them.
- ✓The court decides by one test: what is best for the child's welfare. It looks at the child's age and wishes, the proposed guardian's character and closeness to the child, and what a parent who has died would have wanted (Guardians and Wards Act, Section 17).
- ✓Even a parent who is a natural guardian needs the court's permission before selling, mortgaging or giving away a child's land or house (Hindu Minority and Guardianship Act, Section 8).
What it is
A guardian is a person who has the care of a minor — a child who has not turned 18 — or of the child's property, or of both (Hindu Minority and Guardianship Act, Section 4). The child is called the ward.
There are two kinds of guardianship, and you can ask for one or both:
- Guardian of the person — looks after the child: custody, support, health and education (Guardians and Wards Act, Section 24).
- Guardian of the property — looks after what the child owns, as carefully as a sensible person would look after their own (Section 27).
A guardianship petition asks the court to appoint you guardian, or to declare that you already are one, for example because a parent named you in a will (Section 7).
When it applies
Common situations:
- A child's parents have died, and a grandparent, aunt, uncle, older sibling or family friend is bringing the child up and needs legal authority — to deal with schools, hospitals, banks or the child's inheritance.
- A child has property — an inheritance, an insurance or compensation payout, a share in a house — and someone must manage it.
- A parent needs to sell or mortgage a child's property. A natural guardian cannot sell, mortgage, gift or exchange a Hindu child's immovable property, or lease it for more than five years, without the court's permission. The court allows it only out of necessity or for an evident advantage to the child (Hindu Minority and Guardianship Act, Section 8). A sale without permission can be undone at the child's instance.
- A relative is caring for the child and has no legal standing. A person who simply looks after a Hindu child, without being a legal guardian, cannot deal with the child's property for that reason alone (Section 11).
Who are natural guardians. For a Hindu child, the father, and after him the mother; the mother first for a child born outside marriage. A child under five ordinarily stays in the mother's custody (Section 6). A step-parent is not a natural guardian.
When the court will not appoint. The court will not appoint a guardian of the person of a child whose father or mother is alive and, in the court's opinion, not unfit to be guardian (Guardians and Wards Act, Section 19). If the question is which parent keeps the child after a separation, it is a custody case; see Child custody. If you want the child to become yours permanently, see Adoption.
How the court decides
The court appoints a guardian if it is satisfied that this is for the welfare of the child (Guardians and Wards Act, Section 7). For a Hindu child, welfare is the paramount consideration — it comes before every other factor (Hindu Minority and Guardianship Act, Section 13).
Under Section 17 of the Guardians and Wards Act, the court considers:
- the child's age, sex and religion;
- the character and capacity of the proposed guardian, and how closely related they are;
- the wishes of a parent who has died;
- the proposed guardian's past and present relationship with the child or the property;
- the child's own preference, if the child is old enough to form one.
Nobody can be made guardian against their will.
The steps and the timeline
1. Choose the court. For guardianship of the person, apply to the District Court where the child ordinarily lives. For guardianship of the property, you can also apply where the property is (Guardians and Wards Act, Section 9). Where a Family Court has been set up, it hears guardianship and custody cases (Family Courts Act, Section 7).
2. The petition. It is signed and verified like a plaint and states, as far as known (Section 10):
- the child's name, sex, religion, date of birth and where they live;
- the child's property, where it is and roughly what it is worth;
- who has the child or the property now;
- the child's near relatives and where they live;
- whether anyone has already been appointed guardian, or any earlier application made;
- whether you want guardianship of the person, the property, or both, and your qualifications or claim;
- why you are applying.
It must be accompanied by a declaration of willingness by the proposed guardian, signed by them and attested by two witnesses.
3. Notice. If the court finds grounds to proceed, it fixes a hearing date and sends notice to the child's parents, to whoever has the child or the property, and to anyone else it thinks should know. Notice is also put up at the court-house and at the child's home (Section 11).
4. Interim orders. If needed, the court can order the child to be produced and make orders for the child's or the property's temporary custody and protection (Section 12).
5. Hearing. The court hears evidence for and against the application (Section 13). Relatives can object.
6. The order. The court appoints or declares the guardian, and can set conditions. A guardian of property appointed by the court cannot sell, mortgage, gift or exchange the child's immovable property, or lease it for more than five years, without the court's permission (Section 29). If the court requires, the guardian must give a bond, file a list of the child's property within six months, and show accounts (Section 34).
7. Appeal. An order appointing, or refusing to appoint, a guardian can be appealed to the High Court (Section 47).
8. Afterwards. The court can remove a guardian for abuse of trust, neglect or ill-treatment of the child, and other causes (Section 39). Guardianship ends when the child turns 18 (Section 41).
There is no fixed time limit in the Act for deciding the petition; it depends on your court and on whether anyone objects.
Documents needed
- The child's birth certificate and ID.
- Death certificates of the parents, if they have died, or proof of why a parent cannot act.
- Your ID, address proof and proof of your relationship to the child.
- Proof that the child lives with you: school records, ration card, a letter from the school.
- A list of the child's property, with papers: title deeds, bank statements, insurance or compensation papers.
- A parent's will naming a guardian, if there is one.
- Names and addresses of the child's near relatives.
- For permission to sell property: the reason, a valuation, and how the money will be used or kept for the child.
Typical cost
The cost depends on the court, the amount of property, whether relatives object, and the number of hearings. The court fee is set by your state. The advocate who takes your case quotes their own fee before you pay anything; eMunshi does not set it.
What the advocate does
- Tells you whether you need a guardianship order at all, or whether a natural guardian's authority or a will is enough.
- Chooses the right court and drafts the petition and declaration of willingness.
- Arranges notice to relatives and answers objections.
- Prepares the property list, bond and accounts if the court asks for them.
- Applies for permission to sell or mortgage the child's property where that is needed.
The self-serve document that comes before it
Parents can reduce the need for a court case later by naming a guardian for their children in a will (Hindu Minority and Guardianship Act, Section 9). A will can be prepared at ₹1,299. For the court petition itself there is no self-serve document. If you are not sure which route fits, a 30-minute call with an independent advocate from our panel starts at ₹999; talk to an advocate.
Questions people ask
Do I need a court order if I am the child's parent?
Usually not for day-to-day care. Under the Hindu Minority and Guardianship Act, the father, and after him the mother, is the natural guardian of a Hindu child, and the mother of a child born outside marriage (Section 6). But a natural guardian needs the court's permission to sell, mortgage, gift or lease for a long term the child's immovable property (Section 8).
Can the court appoint a guardian if a parent is alive?
Not of the child's person if a living father or mother is, in the court's opinion, not unfit to be guardian (Guardians and Wards Act, Section 19). The court can still appoint a guardian of the child's property. Disputes between parents over who keeps the child are custody cases; see [Child custody](/matters/child-custody).
Who can apply?
The person who wants to be guardian, any relative or friend of the child, or the Collector of the district where the child lives or has property (Guardians and Wards Act, Section 8).
Will the court ask the child?
If the child is old enough to form an intelligent preference, the court may consider that preference (Guardians and Wards Act, Section 17(3)).
Can a parent name a guardian in a will?
Yes. A Hindu father or mother who is the natural guardian can appoint a guardian for the child by will. A father's choice has no effect if he dies before the mother, but revives if she dies without naming one herself (Hindu Minority and Guardianship Act, Section 9). A court can be asked to declare such a guardian. See [Making a will](/guides/making-a-will).
When does guardianship end?
When the child turns 18 and is no longer a minor, or the guardian dies, is removed or is discharged by the court (Guardians and Wards Act, Section 41). The court can then ask for the child's property and accounts to be handed over.
Can I take the child abroad or to another city?
A guardian of the person appointed by the court, other than one appointed by will, needs the court's leave to take the child outside the court's area, except for purposes allowed by the rules (Guardians and Wards Act, Section 26).
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Making a will: two witnesses, no registrationGuide
Someone died: succession certificate and legal-heir certificateGuideWill — ₹1,299DocumentUpdated 27 October 2026 · Awaiting review by a panel advocate · General information, not legal advice for your specific matter.