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2023-Oct-25
The Bombay High Court widens the scope of Section 7 of the Guardian and Wards Act, 1890 to allow guardianship of an adult suffering from a mental handicap noting a lacuna in the existing Mental Healthcare Act.
The Bombay High Court has appointed the siblings and nephew of an adult suffering from mental handicap as his guardians thereby widening the scope of section 7 of the Guardians and Wards Act, 1890. The father of Jamsheed had passed away and bequeathed Rs.1 crore and other moveable assets in the name of Jamsheed, while the mother had filed a consent affidavit to the Guardianship Petition. The High Court held that:
"The present Guardianship Petition has been taken out by the Petitioners for appointment as guardians of the said Jamsheed in respect of his movable properties without remuneration and royalty. The Petitioners as siblings and nephew of the said Jamsheed, are the fit and proper persons under the provision of Section 7 of the Guardian and Wards Act, 1890. The Petitioners are ready and willing to act as guardians of the person and property of the said Jamsheed."
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