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Synopsis

The Delhi High Court, recently, issued a set of comprehensive guidelines aimed at safeguarding the property rights of minors. The court also emphasised that courts must act as ‘zealous guardians’ in all matters concerning children’s property.

The court further outlined its obligation to prevent the misuse or depletion of such properties by unscrupulous relatives who seek to exploit the limited assets left behind for the minors—assets to which only the minors had rightful claims.

The bench of Justice Subramonium Prasad held, “Courts are zealous guardians for the protection of the properties of minors and efforts must be made to ensure that the properties are immediately secured so that they are not frittered by unscrupulous relatives who like vultures want to prey on the meagre belongings that have been left behind for them on which only they have the rights”. 

In the matter at hand, the Petitioners, two minor siblings, endured significant trauma due to the repeated abuse inflicted by their intoxicated father, who eventually stabbed their mother to death before taking his own life. Following these tragic events, the Petitioners were placed in child care institutions. They approached the Delhi High Court seeking directions to secure the movable and immovable properties left by their deceased parents, alleging that their relatives were misusing these assets.

At that juncture, the court deemed it appropriate to refer to the relevant provisions under the Guardians and Wards Act, 1890, the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Family Courts Act, 1984, which collectively protected the interests of orphaned children.

However, it was brought to the court’s attention that “there are various lacunae in the legislature because of which there is a lack of coordination between various organs of the State, be it Courts or the Executive”. 

In order to address these deficiencies and minimize procedural delays, the Court directed the State to formulate and implement appropriate guidelines to ensure timely action by all State organs in safeguarding the rights and welfare of such children.

The court further suggested that the counsel representing the CWC should draft specific guidelines for the protection of orphaned children’s property rights in Delhi. Accordingly, draft guidelines were prepared. Senior Advocate Dayan Krishnan, appearing as Amicus Curiae, submitted suggestions to incorporate time-bound measures, most of which were accepted by the CWC. Thereafter, the guidelines dated April 9, 2024, were finalized and presented before the Court. Upon review, the Court directed the State to formalize these guidelines and ensure their implementation by the relevant authorities.

The court further highlighted that the cases involving children, who were helpless victims of adverse circumstances, must be dealt with compassion, and the judiciary must adopt a sympathetic and sensitive approach. The court also outlined its role as a vigilant protector of minors’ interests and underscored the need to immediately secure the minors' properties to prevent any exploitation by opportunistic relatives.

Therefore, the court issued the following directions to be followed by Courts dealing with guardianship applications and matters concerning the protection of children’s properties:

a. The Application filed by the District Magistrate for guardianship over a minor child's property should be placed before the Family Court which is already dealing with the application of guardianship of the child to avoid conflicting directions and speedy disposal of application. 
b. Interim orders necessary to protect the property of the child be passed expeditiously, preferably within a period of four weeks from the date of application filed in compliance of Section 12 of the GAW Act. 
c. The concerned Family Courts should adopt a childcentric approach. A separate counsel on behalf of the child be appointed to ensure that the views of the child are duly considered. 
d. The Family Court must keep the case pending till the child attains the age of majority. The guardian should be asked to submit yearly accounts to the concerned family court and the family court should also oversee the accounts and statements as filed by the guardian. 
e. In case the child is eligible for adoption in accordance with the JJ Act, 2015 and the Adoption Regulation 2022, the pendency of an Application for protecting the child's property may not be in any way be allowed to hinder the process of adoption. 
f. Where there are two or more siblings, the State would protect the interest of the minor sibling(s) and defend and institute any and all claims, suits on their behalf. In cases where there are legal heirs other than the orphaned child, the District Magistrate shall duly protect the interest of the child(ren) by contesting and instituting such proceedings as may be applicable under the applicable guardianship laws, personal laws and civil procedure. 

The courts were directed to ensure strict compliance with these directions. The Registry was instructed to circulate this Order to all concerned courts.

For Petitioners: Advocates Tara Narula, Harshvardhan Jain, Priya Sahil, Ankita Talukdar, Ms. Shivangi Sharma, Anirudh and Priya Watwani
For Respondent: Additional Standing Counsel Mehak Nakra with Advocates Aditi Kapoor, Devansh Solanki and Karan Dalal
Amicus Curiae: Senior Advocate Dayan Krishnan with Advocates Sanjeevi Seshadri, Sukrit Sethi, Shreedhar Kale and Manan Agarwal
Case Title: Master G Through Legal Guardian v State (2025:DHC:2349)