Delhi District Court
Ameet Kumar vs State on 3 March, 2020
IN THE COURT OF SH. HARGURVARINDER SINGH JAGGI,
ADDL. DISTRICT JUDGE-02, SOUTH-WEST DISTRICT,
DWARKA COURTS, DELHI
GP No.: 5478/2016
CNR No. DLSW010087942016
IN THE MATTER OF:
1. Ameet Kumar
S/o Late Gopi Nath Gupta
R/o 244, Arunodaya Apartment
Vikas Puri, New Delhi ... Petitioner No.1
2. Vineet Kumar
S/o Late Gopi Nath Gupta
R/o 244, Arunodaya Apartment
Vikas Puri, New Delhi
Presently at:
4218, SEDGE Street
Fremont, California - 94555, USA ... Petitioner No.2
3. Smt Sulekha Gupta
W/o Late Gopi Nath Gupta
R/o 244, Arunodaya Apartment
Vikas Puri, New Delhi ... Petitioner No.3
v.
1. State ... Respondent No.1
2. Garhwal Rifles Regiment Centre
Lansdowne, Uttarakhand
Through Secretary Ministry of Defence
Ministry of Defence
South Block, New Delhi - 110001 ... Respondent No.2
GP No. 5478/2016 Page No.1/42
3. Mr. Samir Chandra
S/o Late Kiran Chandra Gupta
R/o Flat No.202, Sushila Residency
Anandpuri, West Boring Canal Road
Patna - 800001, Bihar ... Respondent No.3
4. Ms. Shweta Gupta
W/o Mr. Manish Kumar Soni
R/o 15, Jatin Chandra Road
Burdwan Compound, Lalpur
Ranchi - 834001, Jharkhand ... Respondent No.4
Date of institution of the petition : 18.11.2016
Date of judgment reserved : 17.02.2020
Date of pronouncement of judgment : 03.03.2020
JUDGMENT
1. This is a joint petition under Section 7 of the Guardian and Wards Act, 1890 (hereinafter "the Act") for appointment of a guardianship of the person and the properties of Master Shobhit Kumar Gupta (hereinafter "subject ward") in favour of the petitioner No.1, namely, Ameet Kumar (hereinafter "petitioner No.1").
2. The petitioner Nos.1 and 2 are the full blood brothers of the father of the subject ward and the petitioner No.3 was the paternal grandfather and the petitioner No.4 is the paternal grandmother of the subject ward. The petitioner No.3, paternal grandfather of the subject ward died on 28.02.2018 during the pendency of the present legal proceedings.
3. From the perusal of the case record it is observed that an GP No. 5478/2016 Page No.2/42 application under Order XXII, Rule 2 and 3 of the Code of Civil Procedure, 1908 (hereinafter "CPC") along with the copy of death certificate of Gopi Nath Gupta (paternal grandfather of the subject ward) was filed on 07.05.2018 vide order dated 16.05.2018. It is further observed that the factum of death of Gopi Nath Gupta is not disputed by any of the parties to the proceedings. I, deem appropriate to array the remaining petitioners as the legal representatives of Gopi Nath Gupta. The amended memo of parties be taken on record. It is also observed that with the application under Order XXII, Rule 2 and 3, CPC being allowed, the rank and status of the paternal grandmother, namely, Sulekha Gupta, as per the amended memo of parties would be respondent No. 3.
4. The respondent No. 1 is the State. The respondent No. 2, namely, Garhwal Rifles Regiment Centre (hereinafter "respondent No. 2") is one of the highly decorated infantry regiments of the Indian Army. The respondent Nos. 3 and 4 are the maternal uncle and maternal aunt of the subject ward i.e. siblings of the mother of the subject ward.
5. The facts averred in the petition by the petitioners are that the subject ward was born to Sheetal Gupta (hereinafter "mother" / "deceased mother") and Colonel Sudip Kumar (hereinafter "father" / "deceased father"). The father of the subject ward donned the uniform of Indian Army and was a serving officer with the respondent No. 2. The father and mother of the subject ward met with an accident on 11.09.2016 and perished. In short, the father of the subject ward died GP No. 5478/2016 Page No.3/42 in harness.
6. Since 19.05.2015, the father of the subject ward was posted as Training Battalion Commander at Garhwal Rifles Regiment Centre (GRRC) Lansdowne, Uttarakhand. On 10.09.2016, the father had proceeded for temporary duty to HQ9 (Independent) Mountain Brigade Group in connection with preparation of Infantry Combat skills. At that point in time, the father was also accompanied by the mother and the subject ward. On the intervening night of 10.09.2016 and 11.09.2016, they halted for the night at Garhwal Scouts at Joshimath. On 11.09.2016 they further proceeded to liaise with the units of HQ9(1) Mountain Brigade Group at around 0920Hrs when their vehicle while passing through a general area of Taiyya Pul on Joshimath-Badrinath road was struck by a sudden landslide, which pushed the vehicle into the gorge running along the road. The mother died on the spot owing to impact of the boulders which struck their vehicle, whereas the father and subject ward were evacuated to 2009 Field Hospital in Joshimath, Uttarakhand. The father was declared found dead on arrival at the said Field Hospital, whereas subject ward was severely traumatized and had sustained serious injuries.
7. On 12.09.2016, subject minor was discharged from the 2009 Field Hospital and brought to Delhi by an Army officer who handed over his custody to the paternal family members of Late Col. Sudip Kumar, comprising of the petitioners. Thereafter, the subject ward underwent medical treatment at the R&R Army Hospital, Delhi until 14.09.2016.
GP No. 5478/2016 Page No.4/428. The petitioners have averred in their petition that the petitioner No.1 is fully capable of taking care of the residential needs of subject ward and has admitted the subject minor to Kindergarten at Madhuban Public School, Vikaspuri, New Delhi on 13.10.2016. The petitioner No.1 is working with Confederation of Indian Industry (CII) at New Delhi with a basic monthly salary of about ₹69,000/- (Rupees Sixty nine thousand only) and gross annual income of ₹15,00,000/- (Rupees Fifteen lakhs only) with CTC. The wife of the petitioner No. 1, namely, Kavita Gupta is a post-graduate in international business from Jamia Millia Islamia University, New Delhi and presently employed with S&P Global Market Intelligence, Gurugram and is drawing a basic monthly salary of about ₹48,000/- (Rupees Forty eight thousand only) with gross annual income of ₹14,00,000/- (Rupees Fourteen lakhs only) with CTC.
9. The subject ward presently lives with the petitioner No.1, his wife, Kavita Gupta and their minor daughter, namely, Dhrishti Gupta alongwith his grandmother (petitioner No. 3 herein).
10. As per the averments made in the petition, the subject ward is the owner of the following movable and immovable properties in his name:
(a) bank account bearing No. 34807925520 in the name of subject ward with State Bank of India, Vikaspuri, under natural guardianship of Late Mrs. Sheetal Gupta - deceased mother;
(b) recurring account with Post Office bearing No. 566004189 under natural guardianship of Late Mrs. Sheetal Gupta -
deceased mother, and GP No. 5478/2016 Page No.5/42
(c) bank account bearing No. 36204669032, State Bank of India, Lansdowne, Uttarakhand with grandfather (now deceased).
11. Post the tragic and fateful event of 11.09.2016, the office of respondent No. 2 made an inventory of the articles, which were on person and found in the vehicle occupied by the parents and the subject ward at the time of accident, as well at their Army accommodation at Landsdowne. It is averred that certain articles were brought to Delhi by the family and rest were sold in an auction by the respondent No. 2 at the request of the paternal family. The proceeds therefrom is to be deposited by the respondent No. 2 in the bank account of subject ward. The list of valuables of the deceased parents of the subject ward on person and in the car at the time of accident are as under:
S.No. Description of Articles Qty. Remarks
1. Samsung 4G[(SM)700F SerNoRZ8GBOIROLY] 2. Gold Ring 01
3. Bracelet Golden colour 01 Col. Sudip Kumar 4. Wrist watch fast track black 01
5. Gold ring (plane -1, Platinum plated 02 (01each)
01) 6. Bangle (hollow) 05 7. Bangle with silver ring inside 01 8. Earrings 01
9. Neck chain 01 pair Mrs. Sheetal Gupta GP No. 5478/2016 Page No.6/42 10. Samsung G7 102 (SerRZIFAIB541W) 01
11. Earrings (Imitation Jewelry silver) 01 pair
12. Cash ₹27,571/-
12. The articles, which were brought by the family to Delhi were -
(i) Sony LED Smart TV; (ii) Bose Sound Box; (iii) Sony DVD Player;
(iv) Firefox bicycle; (v) Rocking Chair, furniture including a central table, settee set, bar, etc.; (vi) Toys including electronic and Ors.; (vii) Mementos and photographs, and (viii) Other miscellaneous house hold articles which had no tangible value. The total value of the articles at S.No. (i) to (vii) is about ₹2,00,000/- (Rupees Two lakhs only). The proceeds of auction of the other household articles was also carried out by the respondent No. 2 were to be deposited in the bank account of the subject ward. A cash amount of ₹2,397/- (Rupees Two thousand three hundred and ninety seven only) was also found at the house but the same was given to the respondent No. 2. The petitioners have averred that the valuable items like gold and silver worth ₹4,00,000/- (Rupees Four lakhs only) were also found in the house of Late Col. Sudip Kumar at Lansdowne, Uttarakhand.
13. As per the averments made in the petition, the movable properties, which have devolved upon the subject ward on account of the demise of his father are as under:
(i) Bank accounts of Late Col. Sudip Kumar with State Bank of India S.No. A/c Type of Bank Balance Nominee Single/ GP No. 5478/2016 Page No.7/42 Account (INR) joint
1. 1032918213 SBCHQ- SBI G3 19,951.58 No Joint with DSP- Vikaspuri, Nominee Sheetal PUBIND New Gupta
-GOLD- Delhi -
INR 110018
2. 33828594715 RD SBI G3 52,732.00 No Single
overdue Vikaspuri, Nominee
PUB New
IND Delhi -
Zero- 110018
INR
3. 35032609903 TDR- SBI G3 20,000.00 No Joint with
GEN- Vikaspuri, Nominee Sheetal
PUB New Gupta
IND- Delhi -
2YL3- 110018
INR
4. 35775857725 STD- SBI G3 86,000.00 No Single
MOD Vikaspuri, Nominee
GEN- New
PUB Delhi -
IND 1Y- 110018
455D
5. 31401525434 SBCHQ- SBI G3 43,206.87 Sheetal Single
GEN- Vikaspuri, Gupta
PUB New
IND- Delhi -
RURAL- 110018
INR
(ii) Bank A/c & Other A/c of Late Col. Sudip Kumar with ICICI Bank S.No. A/C No. Type of account Bank
1. 629601096088 Saving ICIC G3 VIKASPURI NEW DELHI, 110018 GP No. 5478/2016 Page No.8/42
2. 1N3030285044 DEMAT
3. Policy No: ICICI Prudential Life 12106688 Insurance
(iii) DEMAT A/c with ShareKhan Ltd. - Client ID No. 19462758
(iv) Bank accounts of Late Col. Sudip Kumar with Oriental Bank of Commerce S.No. A/c No. Type of account Bank
1. 04072010016390 Saving OBC Basant Lok, Vasant Vihar, New Delhi
(iv) Birla Sunlife AMC Limited in the name of Late Col. Sudip Kumar S.No. A/c No. Type of account Bank
1. Folio No. B292 Birla Top 100 Fund Birla Sunlife AMC 1012781500 Dividend Payout Limited
(v) Post Office PPF Account bearing No. 103871 in the name of Late Col. Sudip Kumar
14. Whereas, the movable properties inherited by the subject ward on demise of his mother are as under:
(i) Bank account of Late Sheetal Gupta with State Bank of India S.No. A/c No. Type of Bank Balance Nominee Single/ account (INR) joint
1. 34804996210 SBCHQ- SBI G3 6953 Sudip Single GN-PUB Vikaspuri, Kumar IND- New NONRUR Delhi -
AL -INR 110018
15. The subject ward has also inherited debts and liabilities from his parents, which are as under:-
Loans from State Bank of India in the name of Late Col. Sudip Kumar GP No. 5478/2016 Page No.9/42 S.No. A/C No. Type Bank Balance Approved Remark account (INR) Sanction Limit
1. 32995708615 SBI SBI Raj 1,74,0292.00 20,16,400.00 Housing Surakshit Bhavan Loan HL Patna Aug'12
2. 32995709142 SBI SBI Raj 68,094.00 89,240.00 Insurance Suraksha Bhavan against Patna Housing Loan
3. 35118244902 Xpress SBI, 5,82,429.00 7,00,000.00 Personal Credit TL Lansdo Loan
- Juun'15 wne
16. The immovable properties which have devolved upon the subject minor are as a proposed housing project launched by Rakshit Buildtech Pvt. Ltd, a flat in Patna, Bihar and a plot of land in Lucknow, Uttar Pradesh. With regard to the housing scheme launched by Rakshit Buildtech Pvt. Ltd., there may be further liability to pay a sum of about ₹40,00,000/- (Rupees Forty lakhs only) in furtherance to the amount of ₹20,80,000/- (Rupees Twenty lakhs and eighty thousand only) already paid.
17. The petitioners have averred that the petitioner No.1 is fully capable of taking care of all responsibilities of the subject ward. It is averred in the petition that the petitioner No.1, being the paternal uncle of the subject ward is the natural guardian of the subject ward.
Hence, the present petition for appointment of a guardian of the subject ward and also for all the properties.
18. The jurisdiction of this Court has been invoked by the GP No. 5478/2016 Page No.10/42 petitioners on the ground that not only the subject ward resides within the territorial jurisdiction of this Court but also the petitioner Nos. 1 and 3 reside within the territorial limits and jurisdiction of this Court.
19. The petitioners have unequivocally averred in the petition that no guardian of the subject ward in person and of his properties has been appointed prior to the filing of the present petition.
20. Notice was issued by this Court to the State (Govt. of NCT of Delhi) through Chief Secretary and to the Collector to file a valuation report of the subject properties.
21. In response to which Asstt. Collector-1/SDM(Dwarka) filed a report qua the property i.e. ad-measuring 1287 sq.ft. in the proposed project of the company Rakshit Buildtech Pvt, Ltd. having its office at 18, Akshardham, Sector -9, Pocket 3, Dwarka, Delhi. The SDM (Dwarka) report states that the valuation report cannot be filed, as the immovable property is physically not in existence. The report further states that M/s Rakshit Buildtech Pvt Ltd. has only proposed a project in the 'L' Zone of Delhi Master Plan 2021 and the proposal is not supported with the location of the property/project and other description of proposed property. No report has been received with regard to immovable properties situated at Patna, Bihar and Lucknow, Uttar Pradesh.
22. The notice of the petition was published in the newspapers, 'Times of India' an English daily and 'Navbharat Times' a Hindi daily on 25.01.2017, respectively. A notice of the petition was also pasted on the notice board of this Court.
GP No. 5478/2016 Page No.11/4223. The notice of the petition was further issued to the respondents. The respondents appeared and filed their respective objection/ reply to the petition.
24. Along with the petition, the petitioners have also moved an interim application seeking relief of being appointed as an interim guardian of the subject ward. It is observed that vide order dated 27.02.2017, the petitioner No. 1 was appointed as the interim guardian of the subject ward. It is further observed that the order dated 27.02.2017 categorically observed that the order with regard to the appointment of the petitioner No. 1 is for the purpose of interim guardian of person of the subject ward and no order as the interim or other guardianship qua the properties of the subject ward was made.
25. This Court observes that the petitioners herein did assail the order dated 27.02.2017 passed by this Court before the Hon'ble High Court of Delhi in Ameet Kumar & Ors. v. State & Ors. - CM(M) 863/2017. The Hon'ble High Court of Delhi by order dated 07.09.2017 did observe that the conduct of the petitioners of not bringing the maternal family of the subject ward and/or their Advocate before the Hon'ble High Court inspite of direction contained in the order dated 11.08.2017 raises suspicion about the intent of the petitioners. The Hon'ble High Court directed this Court to bestow proper attention to the interest of the minor before putting any properties of the subject ward in the hands of the petitioners.
26. On 22.01.2019, the petitioners moved an application seeking impleadment of Sameer Chandra and Shweta Gupta, as respondent GP No. 5478/2016 Page No.12/42 Nos. 3 and 4. It is further observed from the case record that Sameer Chandra and Shweta Gupta are the maternal uncle and maternal aunt, who had previously vide order dated 08.11.2017 filed objections to the petition. On 22.01.2019 itself, the petitioners also moved an application under Order VI, Rule 17, CPC seeking impleadment of Garhwal Rifle Regiment Centre, Sameer Chandra, Shweta Gupta along with the amended petition and amended memo of parties.
27. By order dated 19.02.2019, the application under Order VI, Rule 17, CPC moved by the petitioner was allowed and the Garhwal Rifle Regiment Centre, Sameer Chandra, Shweta Gupta were impleaded as respondent Nos. 2, 3 and 4, respectively. The amended petition along with amended memo of parties were taken on record. The respondents were granted an opportunity to file their respective replies to the amended petition and the proceedings were adjourned for 15.04.2019. The respondent No. 2 filed its reply by way of an affidavit to the amended petition on 26.04.2019.
28. On 17.05.2019, petitioner Nos. 2 and 3 appeared before the Court and recorded their no-objection statements in favour of the petitioner No.1 for allowing the petition. On 17.05.2019, at the joint request of the learned Counsel for the parties, matter was referred for mediation. The matter was settled amongst the parties on 20.08.2019 before the mediation centre vide mediation settlement.1
29. On 20.09.2019 the statements of petitioner No.1, Lt. Col. Abhilash Sati - authorised representative of the respondent No.2 and 1 See Ex.C-1 GP No. 5478/2016 Page No.13/42 respondent No.4 were recorded in furtherance of the mediation settlement. The statement of respondent No.3 qua the mediation settlement was recorded on 02.11.2019.
30. The petitioner No. 1 (PW1) on 27.11.2019 stepped into the witness box to lead evidence and examined himself. PW1 tendered evidence by way of affidavit - Ex.PW1/A. On 23.01.2020, PW1 also tendered additional affidavit - Ex.PW1/B (date of birth certificate of subject ward) and Ex.PW1/C (average monthly expenditure incurred on the subject ward), respectively. The petitioner relied and proved the following documents:
S.No. Exhibit Mark put on Description and Date, if any of the the Document document i. Ex.PW1/1(OSR) death certificate of Late Col. Sudip Kumar ii. Ex.PW1/2(OSR) death certificate of Late Sheetal Gupta iii. Ex. PW1/3 Mediation settlement dated 20.08.2019 iv. Ex.PW1/4 Statement of the authorized representatives of the respondent No.2 (statement recorded on 20.09.2019 is already part of judicial file as the statement was recorded before the court) v. Ex.PW1/5 Statement of respondent No.3 (statement recorded on 17.05.2019 is already part of judicial file as the statement was recorded before the court) vi. Ex.PW1/6 Statement of respondent No.4 (statement recorded on 17.05.2019 is already part of judicial file as the statement was recorded before the court) vii. Ex.PW1/7(OSR) pass book of RD No. 566004189, post office, Sub post Master Vikas viii. Ex.PW1/8 Copy of ICICI saving account No. 629601096088 statement as on 26.02.2019 GP No. 5478/2016 Page No.14/42 ix. Ex.PW1/9 Copy of email dated 4/3/19 intimating the surrender of policy on 16.5.2015 x. Ex.PW1/10 Copy of ICICI DEMAT account No. IN3030285044 xi. Ex.PW1/11 Copy of email dated 03.05.19 pertaining to Sharekhan Ltd client ID No. 19462758 xii. Ex.PW1/12(OSR) Copy of pass book OBC Basant Lok, Vasant Vihar, New Delhi A/c No. 04072010016390 xiii. Ex.PW1/13 Copy of statement of Birla Sunlife AMC Limited bearing Folio No. 1012781500 xiv. Ex.PW1/14(OSR) Copy of PPF passbook od Col. Sudip Kumar C/o Staff CAPTHQ 37BDEC/56 APO xv. Ex.PW1/15 True copy of email dated 10.12.2018, issued by Manager SBI Lansdowne xvi. Ex.PW1/16(OSR) True copy of letter dated 12.11.2018 raising demand for locker Rent in respect of Bank locker; Locker No. 636 SBI, G3,Vikaspuri, New Delhi xvii. Ex. PW1/17 (OSR) True copy of rent deposit slip for deposit of locker rent locker No. 636 xviii. Ex.PW1/18(OSR) True copy of application form and brochure of Rakshit Buildtech Pt. Ltd xix. Ex.PW1/19(OSR) True copy of the certificate of participation in Rakshit Buildtech Pt. Ltd xx. Ex.PW1/20(OSR) True copy of receipts dated 29.06.2015 issued by Rakshit Buildtech Pt Ltd xxi. Ex.PW1/21(OSR) True copy of receipts dated 01.08.2015 issued by Rakshit Buildtech Pt Ltd xxii. Ex.PW1/22 (OSR) Tue copy of receipts dated 02.09.2015 issued by Rakshit Buildtech Pt Ltd xxiii. Ex.PW1/23 (OSR) Tue copy of receipts dated 28.12.2015 issued by Rakshit Buildtech Pt Ltd xxiv. Mark 'A' True copy of photocopies of the title deed of residential plot at Dayal Forms Plot No. 22 xxv. Ex.PW1/24 (OSR) True copy of letter of cancellation of Ghaziabad project and refund of deposit GP No. 5478/2016 Page No.15/42 xxvi. Mark B True copy of title deed of residential Flat No. 302, 3rd Floor, Indera Enclave, super Build Up area 1204 s1.ft.
xxvii. Ex.PW1/25 Birth certificate of subject ward Master Shobhit Kumar Gupta
31. On 21.12.2019, subject ward appeared along with the petitioner No.1, wife of the petitioner No. 1, namely, Ms. Kavita Gupta and their daughter, namely, Dhrishti Gupta. This Court held in camera proceedings and had an interactive session with Shobhit Kumar Gupta and Dhrishti Gupta. The subject ward was found to be happy, jovial and a confident child and informed the Court that he alongwith her sister are studying in same school and they live together.
32. On 23.01.2010, the petitioner No. 1 was granted leave to place on record by way of an additional affidavit the birth certificate of the subject ward and also the average monthly expense of ₹29,000/- (Rupees Twenty nine thousand only) incurred by the petitioner No. 1 towards the well-being of the subject ward, which being a comprehensive amount calculated on yearly average excluding the housing expense. The same were taken on record vide order dated 23.01.2020. The learned counsel for the petitioner advanced his oral submissions on 23.01.2020 and the matter was reserved for judgment.
33. At the outset of the oral submissions, Mr. Gopal Dutt learned counsel for the petitioners submitted that the petitioner No. 1 has sought twin fold relief of appointment as a guardian of the subject ward in person and of his properties. The learned counsel for petitioners further submitted that the matter was settled amongst the GP No. 5478/2016 Page No.16/42 parties vide mediation settlement.2
34. Mr. Dutt, learned counsel for the petitioner submitted that as per Section 7 and 8 of the Act, the petitioner No. 1 is an entitled person to apply for guardianship of person and properties of the subject ward. The learned counsel further submitted that the petitioner has led best evidence and there is no legal impediment in appointment of the petitioner No. 1, as the guardian of the subject ward and his properties.
35. The learned counsel for the petitioner submitted that the matter was settled before mediation amongst the petitioner No. 1 and the respondent Nos. 2, 3 and 4, as per which the maternal uncle and aunt (respondent Nos. 3 and 4 herein) of the subject ward agreed that they would have no objection to the appointment of the petitioner No. 1 as the guardian of the subject ward. The petitioner No. 1 agreed that he shall have no objection if the respondent Nos. 3 and 4 intend to meet, avail visitation rights and communicate with the subject ward during evening hours and a mutually convenient time.
36. Mr. Dutt, learned counsel for the petitioner further submitted that Section 7 of the Wards Act empowers the District Court to appoint a guardian in respect of the person or property or minor to the satisfaction of the Court, if the same is for the welfare of the minor. The learned counsel further submitted that with both the parents having perished in a tragic accident, the subject ward has been orphaned and none other than the petitioners could provide a succor of support, shoulder his upbringing and provide care and protection. The 2 Ex.C-1 GP No. 5478/2016 Page No.17/42 learned counsel for the petitioners further submitted that the subject ward already reads at the same school as the daughter of the petitioner No. 1. The learned counsel for the petitioners submitted that the petitioners and the subject ward do share a blood relationship being the son of the full-blood brother of the petitioner Nos. 1 & 2 and son's son of the petitioner No. 3.
37. The learned counsel for the petitioner submitted that as per the birth certificate of the subject ward, he is approximately 8 years and 5 months old. The learned counsel for the petitioners submitted that the apprehensions of the respondent No. 2 with whom the deceased father served that the petitioners would usurp the properties of the deceased parents of the subject ward and also deprive the subject ward of the benefits of emoluments, etc., is misplaced and without any evidence. The learned counsel for the petitioners further submitted that the petitioner No. 1 has even filed an affidavit with regard to the monthly expenses incurred by him and his wife towards the expenses of the subject ward. The learned counsel for the petitioners concluded his submissions on the note that the best interest of the subject ward would be served by appointment of the petitioner No. 1 as his guardian in person and also of his properties.
38. On 31.01.2020, this Court observed on careful perusal of the case record, particularly, the affidavit filed on behalf of the respondent No. 2 that Col. Sudip Kumar (father of the subject ward) died testamentary and left behind a will dated 17.03.2005. This Court vide order dated 31.01.2020 observed that as per the depositions made in GP No. 5478/2016 Page No.18/42 the affidavit filed on behalf of the respondent No. 2, Sheetal Gupta (mother of the subject ward) was appointed as the executor of the will dated 17.03.2005. With both the parents of the subject ward having perished in the tragic accident on 11.09.2016, this Court deemed appropriate to direct Col. Shantanu Roy authorized officer of the respondent No. 2 to be present in Court on 06.02.2020 along with the will dated 17.03.2005 to be filed in Court in a sealed cover, as the will dated 17.03.2005 may have substantial bearing on the outcome of the present petition in terms of Section 28 and 29 of the Wards Act.
39. The will dated 17.03.2005 was produced in Court on 17.02.2020 in a sealed envelope. The same was opened in the presence of the parties and read out in open Court. This Court from the perusal of the will dated 17.03.2005 observed that the same has no bearing with regard to the testamentary guardianship of the subject ward - See Section 28 and 29 of the Guardians & Wards Act, 1890. The submissions were advanced once again by the learned counsel for the petitioner.
40. Before marching ahead, I deem appropriate to reproduce the will dated 17.03.2005 of Lt. Col. Sudip Kumar (deceased), which reads as under:
"This is the last WILL and testament of me IC-56820Y Rank MAJ Name SUDIP KUMAR. I hereby revoke all WILLs and testamentary dispositions by me heretofore made. I, hereby give and bequeath to Mrs. Sheetal Gupta (Wife) her/ his heirs, executors or administrators, for her/his use and benefit. Absolutely and for ever all my property, both moveable and immovable. Whatsoever wheresoever and of GP No. 5478/2016 Page No.19/42 what nature and quality soever, and I hereby appoint her/his the said Mrs. Sheetal Gupta (Wife) sole executrix (or executer) of my "WILL".
In witness whereof, I the said No IC-56820Y MAJ SUDIP KUMAR have hereto signed (or put my signature, or set my hand), at Dehradun this day of 17 Mar 2005.
Station: C/O 56 APO
Dated: 17 Mar 2005 Sd/-
(Signature of the Officer)
Signed and/or acknowledged by the said No IC-
56820Y Rank MAJ Name SUDIP KUMAR in the presence of us. Present at the same time. Who at his request, in his presence and in the presence of each other. Signs as witnesses hereto.
Signature of Witnesses:-
1. Sd/-
(IC-50816A Lt Col Munendra Gupta) HQ 37 Inf Bde
2. Sd/-
(IC-54352L Maj Soumeet Patnaik)
HQ 37 Inf Bde
COUNTERSIGNED
Station: C/o 56 APO
Dated: 19 Mar 2005 Sd/-
Col OC Tps
HQ 37 Inf Bde"
41. I, have carefully examined the case record and mulled over the submissions advanced by the learned counsel for the petitioners.
42. Before I proceed further, I am of the view that the petition moved by the petitioner is to be tested at the altar of jurisdiction, whether the petitioner has rightly invoked the jurisdiction of the Wards Court or the petition is to be returned to be presented before the GP No. 5478/2016 Page No.20/42 competent Court.
43. The relevant provisions of the Wards Act for the purpose of deciding the present petition are traversed in the following paragraphs. Section 7 of the Wards Act, reads as under:
"7. Power of the Court to make order as to guardianship.-
(1) Where the Court is satisfied that it is for the welfare of a minor that an order should be made -
(a) appointing a guardian of his person or property or both, or
(b) declaring a person to be such a guardian the Court may make an order accordingly.
(2) An order under this section shall imply the removal of any guardian who has not been appointed by will or other instrument or appointed or declared by the Court.
(3) Where a guardian has been appointed by will or other instrument or appointed or declared by the Court, an order under this section appointing or declaring another person to be guardian in his stead shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of this Act."
44. Section 9 of the Wards Act, reads as under:
"9. Court having jurisdiction to entertain application.-
(1) If application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides.
(2) If the application is with respect to the guardianship of the property of the minor, it may be made either to the District Court having jurisdiction in the place where the minor ordinarily resides or to a District Court having jurisdiction in a place where he has property.
(3) If an application with respect to the guardianship of the property of a minor is made to a District Court other GP No. 5478/2016 Page No.21/42 than that having jurisdiction in the place where the minor ordinarily resides, the Court may return the application if in its opinion the application would be disposed of more justly or conveniently by any other District Court having jurisdiction."
45. The duties of a guardian are enshrined in Section 24 of the Wards Act, which reads as under:
"24. Duties of guardian of the person.- A guardian of the person of a ward is charged with the custody of the ward and must look to his support, health and education, and such other matters as the law to which the ward is subject requires."
46. Under Section 17 of the Wards Act, the Court is essentially required to determine whether the declaration of a particular person, as a guardian of the ward and his properties would be for the welfare of such ward. Due regard should be had to the age, sex and relation of the ward, the character and the capacity of the proposed guardian and nearness of the kin to the ward.
47. At this juncture, this Court observes that Rule 5, Part 'A' of Chapter 2 - Guardians and Wards, Rules Relating to Special Jurisdiction in Delhi High Court [Vol. II of High Court Rules and Orders] provide that Court should not appoint a guardian, under the Guardians and Wards Act, merely in order to enable the heir of a man who died in military service to draw a pension. A certificate signed by Revenue Officer of or above the rank of Naib-Tahsildar is accepted as sufficient authority for the payment of such pensions to de facto guardians. This Court observes that the case at hand is not limited to GP No. 5478/2016 Page No.22/42 that of pension but that of an Army Officer and his wife having left troves of money at the cost of irreparable loss of having robbed the subject ward of his biological parents.
48. This Court further observes from the perusal of the petition, evidence lead by the petitioner and from the affidavit filed on behalf of respondent No.2 that the subject ward has not only inherited properties but also is entitled to emoluments and benefits in crores of Rupees and thus this Court has to ensure that the money is neither mislaid or squandered. It is also observed from the affidavit filed by Colonel Shantanu Roy on behalf of respondent No.2 that the deceased father did leave a will dated 17.03.2005 and as per the opinion of this Court, the will dated 17.03.2005 has no bearing over the present guardianship petition.
49. This Court is aware about the tragic loss of the subject ward and on having turned an orphan by blitzkrieg of boulders and landslides at a very tender age. The full blood brother of the father of the subject ward along with the paternal family members stepped in for the subject ward and the family has approached the Court to seek appointment of petitioner No. 1, as the lawful guardian in person and properties of the subject ward.
50. The father of the subject ward was a serving officer with the Indian Army and under the command of one of the bravest and highly decorated regiments of the country. The respondent No. 2 has indeed held its ground firm and has urged that with the huge monies involved, this Court must ensure that the interests of the subject ward is GP No. 5478/2016 Page No.23/42 protected, fortified and neither the monies nor the emoluments and benefits be squandered. The same is also observed from the order dated 07.09.2017 passed by the Hon'ble High Court of Delhi in Ameet Kumar & Ors. v. State & Ors. - CM(M) 863/2017, wherein the Hon'ble High Court directed this Court to bestow proper attention to the interest of the subject ward before putting any properties of the subject ward in the hands of the petitioners.
51. There is no qualm about that the parents of the subject ward leaving behind substantial amount of assets, emoluments and benefits along with a few liabilities, which the trove of assets can easily take care.
52. As the subject ward is of a very young age, this Court observes that it would be in the best interest of the subject ward and his estate that all the loans and liabilities are squared off at the earliest from the assets left behind by the parents of the subject ward.
53. This Court observes that the petitioners have observed that the parents of the subject ward during their lifetime had booked an apartment with Rakshit Buildtech Pvt. Ltd., against which an advance payment of ₹20,80,000/- (Rupees Twenty lakhs and eight thousand only) had been paid and the petitioners have averred in the petition that further liability to pay a sum of ₹40,00,000/- (Rupees Forty lakhs only) towards area development charges i.e. EDC/IDC/SDC; club membership charges; EEC/FFC/PCD/STP/Power back up charges; interest free maintenance security charges; additional feature/facilities and stamp duty, registration charges for conveyance would arise.
GP No. 5478/2016 Page No.24/4254. With regard to the apartment booked with Rakshit Buildtech. Pvt. Ltd. this Court observes that a report of SDM, Dwarka was filed on 26.10.2017 pursuant to this Court having called for valuation report of the property admeasuring 1287sq.ft. It is observed from the report by the concerned SDM, Dwarka that the valuation report is to be made on the property physically in existence, whereas, M/s Rakshit Buildtech. Pvt.Ltd., has only proposed a project in the 'L' Zone of Delhi. The SDM report further states that the said proposal is not supported with the location of the property and other description of the proposed property and thus in absence of the above, no valuation report could be prepared and filed in this Court. It is further observed that the SDM's report does mention that a report was called from field staff and documents obtained during local inquiry from the office of M/s Rakshit Buildtech. Pvt. Ltd., but the office of M/s Rakshit Buildtech Pvt. Ltd. does not have the basic information of location, description of property.
55. This Court observes that no objection has been filed by the petitioners to the SDM Dwarka's report with regard to the status and existence of the flat stated to be booked with M/s Rakshit Buildtech Pvt. Ltd. It is further observed that the claim of the petitioners of having a liability of ₹40,00,000/- (Rupees Forty lakhs only) towards Rakshit Buildtech. Pvt. Ltd., at this stage is untenable and without any basis. It is further observed that pursuant to SDM's report dated 26.10.2017, the petitioners did not take any steps to trace the status of the flat booked by the parents of the subject ward but in the present GP No. 5478/2016 Page No.25/42 petition have staked claim of a liability of ₹40,00,000/- (Rupees Forty lakhs only). I, deem appropriate to direct to the petitioner No.1 to not only trace but also pursue the allotment of flat or in alternative seek return/refund of money which had been paid to M/s Rakshit Buildtech. Pvt. Ltd. By the parents of the subject ward during their lifetime.
56. Keeping in mind the above parameters and observations, this Court holds and rules that the petitioner No. 1 would be the most suitable person to be appointed as the guardian of person and properties of the subject ward. The reason which has weighed upon to appoint the petitioner No. 1 as a guardian of the subject ward and him being preferred over the other petitioners is that the petitioner No. 2 is a resident of State of California, USA and the petitioner No. 3 is the grandmother of the subject ward, who is in her advance age. It is also observed that the petitioner No. 1 and his wife both are a young couple and have a child of similar age thus they would make a complete family unit and which is indeed in the best interest of the subject ward. The petitioner Nos. 2 and 3 appeared before the Court on 17.05.2019 and recorded their no-objection statements in favour of the petitioner No. 1. It is observed that the petitioner No. 1 is the full blood brother of the father of the subject ward and ever since the demise of the parents of the subject ward, the subject ward has been living under the care and protection of the petitioner No. 1. The subject ward was present in Court and during the interactive session with the subject ward nothing as an aberration was apparent or perceived. It is afresh in my memory that the subject ward was present in Court along with the GP No. 5478/2016 Page No.26/42 daughter of the petitioner No. 1, to whom he did address as his real sister. The subject ward did seem to be a happy child. Above all, nothing cogent and contrary has come before this Court to decline the appointment of petitioner No. 1, as the guardian in person and property of the subject ward.
57. This Court observes that as on date, the subject ward is less than 18 years in age and him attaining majority is almost 9.5 years apart. The death certificates marked as Ex.PW1/1 and Ex.PW1/2 confirm the demise of Lt. Col. Sudip Kumar and Sheetal Gupta on 11.09.2016.
58. This Court holds that the petitioner No. 1 is most suitable and appropriate person to be appointed as guardian of person and also of the properties of the subject ward keeping in mind his nearness of kin to the ward, forged bond over period of time and such the appointment and declaration, as a guardian would be in the best interest and welfare of the ward.
59. This Court accordingly orders that the petitioner No. 1 be appointed as the guardian of person and also of the subject properties of the subject ward, which are as under:
Bank accounts of Shobit Kumar Gupta S.No. A/C No. Type of account Bank
1. 34807925520 Saving A/c under natural State Bank of India, guardianship of Sheetal Vikaspuri, Delhi Gupta (now deceased)
2. 566004189 Recurring A/c Post Office
3. 36204669032 Savings A/c State Bank of India, Lansdowne, Uttarakhand GP No. 5478/2016 Page No.27/42 Bank accounts of Late Col. Sudip Kumar with State Bank of India S.No. A/c Type of Bank Balance Nominee Single/ Account (INR) joint
1. 1032918213 SBCHQ- SBI G3 19,951.58 No Joint with DSP- Vikaspuri, Nominee Sheetal PUBIND New Gupta
-GOLD- Delhi -
INR 110018
2. 33828594715 RD SBI G3 52,732.00 No Single
overdue Vikaspuri, Nominee
PUB New
IND Delhi -
Zero- 110018
INR
3. 35032609903 TDR- SBI G3 20,000.00 No Joint with
GEN- Vikaspuri, Nominee Sheetal
PUB New Gupta
IND- Delhi -
2YL3- 110018
INR
4. 35775857725 STD- SBI G3 86,000.00 No Single
MOD Vikaspuri, Nominee
GEN- New
PUB Delhi -
IND 1Y- 110018
455D
5. 31401525434 SBCHQ- SBI G3 43,206.87 Sheetal Single
GEN- Vikaspuri, Gupta
PUB New
IND- Delhi -
RURAL- 110018
INR
Bank A/c & Other A/c of Late Col. Sudip Kumar with ICICI Bank S.No. A/C No. Type of account Bank
1. 629601096088 Saving ICIC G3 VIKASPURI GP No. 5478/2016 Page No.28/42 NEW DELHI, 110018
2. 1N3030285044 DEMAT
3. Policy No: ICICI Prudential Life 12106688 Insurance DEMAT A/c with ShareKhan Ltd. - Client ID No. 19462758 Bank accounts of Late Col. Sudip Kumar with Oriental Bank of Commerce S.No. A/c No. Type of account Bank
1. 04072010016390 Saving OBC Basant Lok, Vasant Vihar, New Delhi Birla Sunlife AMC Limited in the name of Late Col. Sudip Kumar S.No. A/c No. Type of account Bank
1. Folio No. B292 Birla Top 100 Fund Birla Sunlife AMC 1012781500 Dividend Payout Limited Post Office PPF Account bearing No. 103871 in the name of Late Col. Sudip Kumar Bank account of Late Sheetal Gupta with State Bank of India S.No. A/c No. Type of Bank Balance Nominee Single/ account (INR) joint
1. 34804996210 SBCHQ- SBI G3 6953 Sudip Single GN-PUB Vikaspuri, Kumar IND- New NONRUR Delhi -
AL -INR 110018
60. This subject ward has also inherited the following debts and GP No. 5478/2016 Page No.29/42 liabilities from his parents:
Loans from State Bank of India in the name of Late Col. Sudip Kumar S.No. A/C No. Type Bank Balance Approved Remark account (INR) Sanction Limit
1. 32995708615 SBI SBI Raj 1,74,0292.00 20,16,400.00 Housing Surakshit Bhavan Loan HL Patna Aug'12
2. 32995709142 SBI SBI Raj 68,094.00 89,240.00 Insurance Suraksha Bhavan against Patna Housing Loan
3. 35118244902 Xpress SBI, 5,82,429.00 7,00,000.00 Personal Credit TL Lansdo Loan
- Juun'15 wne
61. However, this Court observes and holds that a certificate of guardianship be issued to the guardian, namely, Ameet Kumar in Form-F subject to imposition of the special conditions on the guardian/petitioner No. 1 and the parties concerned pass the necessary directions:
(a) Garhwal Rifles Regimental Centre, Lansdowne, Uttarakhand (GRRC)/respondent No. 2 to ensure that entire amount of emoluments in the range of ₹1,60,00,000/-
(Rupees One crore sixty lakhs only) or higher to which the subject ward is admissible to be deposited in a fixed deposit receipt (FDR) with the State Bank of India, Dwarka Courts Complex, Sector 10, Dwarka, Delhi - 110075 in favour of GP No. 5478/2016 Page No.30/42 the subject ward, namely, Shobit Kumar Gupta through Guardian - Ameet Kumar. The branch manager, State Bank of India, Dwarka Courts Complex, Sector 10, Dwarka, Delhi - 110075 is directed to keep the FDR for a minimum term of 15 years with the highest yielding interest and automatic renewal until any further orders from this Court. GRRC and the branch manager are directed to file compliance report of the same within 15 days from the date of the FDR. It is clarified that the said FDR shall remain untouched until the subject ward attains the age of 23-25 years and the concerned manager shall ensure that there is automatic renewal of such a FDR so that no interest is lost. It is further clarified that without the order of this Court, neither the guardian nor the subject ward on having attained majority may seek encashment of the FDR in accordance with law.
(b) The guardian/petitioner No. 1 is directed to apply for a permanent account number (PAN) on behalf of the subject ward, in case the subject ward does not have a PAN.
(c) The guardian/petitioner No. 1 is directed to open a savings bank account in the name of the subject ward at State Bank of India, Dwarka Courts Complex, Sector 10, Dwarka, Delhi - 110075 (hereinafter "escrow account" / "first bank account"), as Shobit Kumar Gupta through Guardian - Ameet Kumar. This escrow account shall be used by the GP No. 5478/2016 Page No.31/42 guardian of the subject ward (petitioner No. 1 herein) only for the purposes of all inward remittances. It is clarified that the monthly pension as per entitlement and admissible, rental income, bank balances from all the bank accounts of the parents of the subject ward, provident fund account (as per balance), etc. along with surplus money, if any, and all income from various sources shall be deposited in the escrow account.
(d) The guardian/petitioner No. 1 is also directed to open a bank account in the name of the subject ward at the nearest branch of the State Bank of India to the place of residence of the subject ward i.e. 244, Arunodaya Apartment, Vikaspuri, New Delhi (hereinafter "current expenses A/c" / "second bank account"), as Shobit Kumar Gupta through Guardian - Ameet Kumar. This bank account shall be used by the guardian of the subject ward only for the purposes of current expenditures to be incurred towards the upkeep, daily maintenance, school fees, tuition fees, education, hobbies, clothing, travel expenses, holiday and entertainment expenses, etc.
(e) Once the escrow account and the current expenses account have been opened, the guardian/petitioner No. 1 is granted liberty to move an appropriate application before this Court seeking directions be passed to the branch manager of the escrow account to wire transfer by way of NEFT/RTGS an GP No. 5478/2016 Page No.32/42 amount of ₹40,000/- (Rupees Forty thousand only) into the current expenses account on the first day of every month of the Gregorian calendar. The guardian/petitioner No. 1 is also granted liberty to approach the Court to seek enhancement of this monthly release of money towards the daily living and up-keeping expenses of the subject ward keeping in mind the prevailing inflation trend.
(f) The guardian/petitioner No. is also granted liberty to approach this Court, post the opening of the escrow account and the current expenses account to seek reimbursement of the monthly expenses incurred by him from the date of the demise of the parents of the subject ward i.e. 11.09.2016, until the first transfer of ₹40,000/- (Rupees Forty thousand only) into the current expenses account, as directed in the preceding sub-clause. However, it is clarified that the petitioner shall be held entitled to the monthly reimbursement claim not exceeding ₹29,000/- (Rupees Twenty nine thousand only), as per the affidavit dated 23.01.2020 vide Ex.PW1/C.
(g) GRRC/respondent No. 2 is directed to ensure that the entire pension amount to which the subject ward is entitled, as per applicable Rules since the date of the demise of Lt. Col. Sudip Kumar i.e. 11.09.2016 until 31.03.2020 is deposited in the escrow account of the subject ward. The branch manager, State Bank of India, Dwarka Courts Complex, GP No. 5478/2016 Page No.33/42 Sector 10, Dwarka, Delhi - 110075, where the escrow account would be situated is directed to deposit 75% of the total amount transferred by GRRC/Indian Army towards the pension amount in a fixed deposit receipt for a term of 5 years yielding highest rate of interest in the name of Shobit Kumar Gupta through Guardian - Ameet Kumar and the balance 25% shall remain available in the escrow account towards the discharge of loans availed by the parents of the subject ward during their lifetime. For illustrative purposes, in case, the subject ward is held entitled for monthly pension at the rate of ₹1,00,000/- (Rupees One lakh only) per month for a total period of 42 months, the branch manager shall create/deposit a fixed deposit for an amount of ₹31,50,000/- (Rupees Thirty one lakhs and fifty thousand only) i.e. 75% of ₹42,00,000/- (Rupees Forty two lakhs only) and accordingly the balance amount of ₹10,50,000/- (Rupees Ten lakhs and fifty thousand only) i.e. 25% of ₹42,00,000/- (Rupees Forty two lakhs only) shall remain available to the guardian in the escrow account towards the discharge of loans availed by the parents of the subject ward during their lifetime. Accordingly, an amount of
(h) In case there is any surplus left in the escrow account after discharge of all the debts and liabilities of the parents of the subject ward and on creation of the fixed deposit receipt in the manner stated in the preceding sub-clause, the guardian GP No. 5478/2016 Page No.34/42 is directed to ensure that not more than 6(six) months current expenses i.e. ₹2,40,000/- (Rupees Two lakhs and forty thousand only) should be available as cash at bank in the escrow account available for current expense. The guardian/petitioner No.1 is directed to ensure that either automatic sweep in FDR exceeding the threshold of ₹2,40,000/- (Rupees Two lakhs and forty thousand only) calculated at the rate of ₹40,000/- (Rupees Forty thousand only) per month is created on his standing instructions to the branch manager of the escrow account or he may invest such surplus balance in Government Promissory Notes, Post Office Cash Certificates or in any other securities mentioned in Section 20(a), (b), (c) and (d) of the Indian Trusts Act, 1882.
(i) The guardian/petitioner No. 1 is directed to seek transfer of the amounts lying in all the bank accounts of parents of the subject ward in the escrow account of the subject ward at the earliest.
(j) Guardian/petitioner No. 1 is directed to pay and clear the following outstanding loans at the earliest:
S.No. A/C No. Type Bank Balance Approved Remark account (INR) Sanction Limit
1. 32995708615 SBI SBI Raj 1,74,0292.00 20,16,400.00 Housing Surakshit Bhavan Loan HL Patna Aug'12 GP No. 5478/2016 Page No.35/42
2. 32995709142 SBI SBI Raj 68,094.00 89,240.00 Insurance Suraksha Bhavan against Patna Housing Loan
3. 35118244902 Xpress SBI, 5,82,429.00 7,00,000.00 Personal Credit TL Lansdo Loan
- Juun'15 wne
(k) The petitioner No.1 is also appointed as the guardian of the following immovable properties which have devolved upon the subject ward on demise of his parents:
(i) residential plot ad-measuring 1627.286sq.m bearing No.22, Dayal Farms forming part of Khasra No.252, village Ganeshpur, Rahmanpur Pargana, Tehsil and District Lucknow;
(ii) residential flat ad-measuring 1204sq.ft. alongwith car parking rights on the ground floor bearing No.302, 3rd floor, Indera Enclave, Adhivakta Colony, Moja Danapur, Shahjadpur, Taugi No.5402, Police Station No.21, Khata No.383, Survey Khasra No.1651, Moja Danapur, Shahjadpur, District Patna;
(iii) land share in proposed housing project launched by Rakshit Buildtech Pvt. Ltd., 18 Akshardhaam, Sector-19, Pocket-3, Dwarka, Delhi, and
(iv) flat in AWHO, Ghaziabad, Uttar Pradesh, vide registrationNo:OFF/MDA/165161/AR/GB2/2013.
(l) With regard to the bank locker No.636, State Bank of India, GP No. 5478/2016 Page No.36/42 G-3,Vikaspuri, New Delhi-110018, the concerned branch manager is directed to permit the operation of bank locker and prepare an inventory of the articles, items which are found inside the bank locker and release the same to the guardian on superdginama. Guardian is directed to file the list of inventories in Court alongwith the statement of accounts of the movable and immovable properties in accordance with law.
(m) GRRC/respondent No. 2 is directed to ensure that an identity card, dependent card, medical card, canteen card, and any other card, as per the entitlement of the subject ward to avail all the services and facilities are provided to the subject ward through his guardian, as per Rules.
(n) GRRC/respondent No. 2 and the guardian/petitioner No. 1 are directed to take the subject ward for his annual medical check-up at the military hospital i.e. Base Hospital, Brar Square, Delhi Cantonment and/or Research and Referral Hospital, Delhi Cantonment, Delhi. The complete body check up and indexing report of the subject ward is to be filed annually along with the statement of accounts in accordance with law and applicable Rules.
(o) GRRC/respondent No. 2 and the concerned Unit of the Indian Army, where the father of the subject ward served are directed to ensure that the subject ward is engaged and involved in all the ceremonial functions, activities and his GP No. 5478/2016 Page No.37/42 tender roots are kept alive by keeping him informed that his parents did serve the nation from the front-line against all odds and also educate, apprised and informed with the rich traditions of the Armed Forces.
(p) Discretion is granted to the guardian/petitioner No. 1 so appointed to consider enrolling the subject ward in any of the schools run by Armed Forces. In case, the guardian/petitioner No. 1 seeks to exercise the discretion, GRRC/respondent No.2 is directed to render appropriate assistance to the guardian seeking the admission and enrollment in such a school.
(q) The petitioner No. 1 is also directed to ensure that the rental income from all the properties of the subject ward from the date of the demise of the parents of the subject ward are forthwith deposited with the first bank account of the subject ward.
(r) All bank pass books, bank statements, certificates relating to accounts of subject ward should be kept by the guardian and be produced before Court for inspection at least once a year.
(s) Without any doubt, the annual income of the subject ward is in excessive of ₹500/- (Rupees Five hundred only), the guardian so appointed is directed to submit to the Court once a year on or before the last working day of the Court of that particular year, an account of the income and expenditure of the estate together with a list of the GP No. 5478/2016 Page No.38/42 properties, movable or immovable, sold or purchased, and of the amounts due to and from the ward. For the sake of clarification the first compliance of this special condition shall be made on or before 24.12.2020, which is the last working day of this Court for the calendar year 2020, so on and so forth.
(t) As the guardian/petitioner No.1 has been directed to file yearly accounts of the subject ward until he attains majority, the guardian/petitioner No. 1 is directed to produce the subject ward before the Court on the dates on which returns have to be furnished by the guardian. Further, the subject ward being a male ward, the guardian is directed to produce the subject ward before the Court once a year for examination of his physical, intellectual and moral conditions.
(u) The guardian shall ensure that in terms of the mediation settlement dated 20.08.2019 (Ex.PW1/3), particularly, clause-3 and clause-4, the respondent Nos.3 and 4 or their family members are able to exercise their visitation rights towards the subject ward without any objection, hindrance and the said meeting would be done with prior intimation and at a mutually convenient time. The guardian shall have no objection on the subject ward being taken by respondent Nos.3 and 4 for places of recreation locally in Delhi. The guardians shall have no objection for visitation of the GP No. 5478/2016 Page No.39/42 subject ward either to Patna or Ranchi to meet his maternal side of family members for a period of ten days in a year or period mutually agreed between the parties either during summer vacation or during winter vacations.
(v) The guardian is directed to share the educational and other important information with regard to the subject ward with respondent Nos.2,3 and 4, as per clause-5 of the Mediation settlement dated 20.08.2019 (Ex.PW1/3). (w) Under no circumstances, without the leave of the Court can the guardian/petitioner No.1 remove the subject ward from the territory of Union of India until the subject ward attains the age of majority.
(x) The guardian/petitioner No. 1 is directed to comply with laws relating to income tax and ensure that the income tax returns of the subject ward are filed in a timely manner.
62. In view of Section 34(b) of the Wards Act, the petitioner is further directed to deliver to the Court, within six months from this date, a statement of all the properties - movable and immovable belonging to the subject ward and the debts of a ward, as per Section 34 of the Wards Act and the statement shall be in Form-'C' annexed to the Rules.3 Only one such statement shall ordinarily be exhibited by the guardian, on or before such date, subsequent to the assumption of guardianship, as the Court may fix i.e. 6 months from the date of this 3 Chapter 2 - Guardians and Wards, Rules Relating to Special Jurisdiction in Delhi High Court [Vol. II of High Court Rules and Orders] GP No. 5478/2016 Page No.40/42 judgment, unless for any special reason, to be recorded in writing the Court shall subsequently think it necessary to call for another statement(s). The guardian appointed shall inform the Court of any subsequent accrual of property of the subject ward by inheritance, etc. and submit any statement with respect to it that may be called for.
63. This Court also directs the guardian so appointed of the properties of the subject ward to execute a bond with one surety in a sum not less than the total estimated value of the said certificate. The bond shall, to the extent possible, be in Form -'D' annexed to the said Rules4. The attention of the guardian/petitioner No. 1 is drawn in particular to the provisions of Sections 26, 27, 28, 29, 32, 33, 35, 36, 39, 44 and 45 of the Wards Act, which shall be printed in full on the back of the guardianship certificate along with the special conditions, as culled out in the preceding paragraph of this judgment. The bonds in above manner shall be furnished anytime within the period of 6 months from the date of this judgment and it is clarified that the appointment of guardian shall be conditional on furnishing the bond. The guardian/petitioner No.1 is directed to file statement relating to the property of minor of annual income and expenditure, in Form
-'D' annexed to the said Rules5.
64. This Court deems it necessary for the purposes of enabling the guardian to open the escrow account and current expenses account in the name of the subject ward through the guardian in above manner, an attested copy of the guardianship certificate be also supplied to the 4 ibid.
5ibid.
GP No. 5478/2016 Page No.41/42guardian/petitioner No. 1 for compliance and necessary action.
65. Lastly, the guardian/petitioner No.1 of the subject ward is directed to not only trace but also pursue the allotment of flat or in alternative seek return/refund of money which had been paid to M/s Rakshit Buildtech. Pvt. Ltd. by the parents of the subject ward in accordance with applicable law.
66. GRRC (respondent No. 2 herein) is granted liberty to seek return of the original will dated 17.03.2005 on filing of the certified copy of the said will in accordance with law and applicable rules. The guardian so appointed may thereafter approach the GRRC for the handing over of original will dated 17.03.2005 of Lt. Col. Sudip Kumar (deceased).
67. Let a copy of this judgment under the signature of the Reader of this Court be sent to the Colonel of the Regiment, Garhwal Rifles Regiment Centre, Lansdowne, Uttarakhand through His Adjutant for necessary compliance and action.
68. The petition is disposed of in above terms. Consequentially, all interim applications stand disposed of as infructuous. File be consigned to record room only after due compliance and necessary action, as per Rules. HARGURVARINDER Digitally signed by HARGURVARINDER SINGH JAGGI SINGH JAGGI Date: 2020.03.04 17:03:55 +0530 Pronounced in the open Court (Hargurvarinder Singh Jaggi) on March 03, 2020 Addl. District Judge-02 South West District Dwarka Courts Complex, Delhi GP No. 5478/2016 Page No.42/42