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2022 Supreme(Del) 2169

PRATHIBA M. SINGH
Satula Devi – Appellant
Versus
Govt. Of NCT Of Delhi – Respondent

Advocate Appeared:
For the Appellant :Mr. Vikas Singh, Sr. Advocate with Mr. Varun Singh, Ms. Priyanka Gosla, Mr. Yatharth Kumar & Ms. Deepika Kalia, Advocates.
For the Respondent:Mr. Anupam Srivastava, ASC for Mr. Ravi Sharma, Ms. Gunjan Mangla, Ms. Madhulika Rai Sharma and Mr. Anjani Kumar Rai, Mr. B. Shravanth Shanker, Mr. Sandeep Sethi, Sr. Advocate with Mr. D. Abhinav Rao

Judgement Key Points

Key Points: - Appointment of Sole Guardian to safeguard assets of the deceased senior citizen and related directions (!) (!) (!) - Continuation of orders and safeguards after demise; guardianship to continue until modified by competent court (!) (!) (!) (!) (!) (!) (!) - Status quo on movable/immovable assets, banking operations, and prior approvals required for expenses or transfers (!) (!) (!) (!) (!) (!) - Report and accountability requirements by Sole Guardian; monitoring of compliance with earlier directions (!) (!) (!) (!) - Remuneration and governance of the Sole Guardian and related personnel (!) (!) (!) - Proceedings and continuation of related legal actions and remedies in light of guardianship status (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)

How to appoint a Sole Guardian under the Guardians and Wards Act, 1890 to safeguard the assets of a deceased senior citizen?

What is the status and continuation of directives and supervision when the ward dies and heirs dispute the estate?

What are the conditions and powers of the Sole Guardian to manage and safeguard movable and immovable assets, including account operations and required prior approvals?

JUDGMENT :

Prathiba M. Singh, J.

1. The present writ petition relates to guardianship which was sought in respect of a senior citizen who is referred to, since inception, as Mr. DMP, who was a Member of Parliament and was diagnosed with ‘fronto-temporal dementia’. The guardianship sought by the Petitioner/Mrs. Satula Devi (hereinafter “Mrs. SD”) – i.e., Mr. DMP’s wife, was vehemently contested by other family members of Mr. DMP and the petition was heard by this Court from time to time. Mrs. SD was supported by her two sons – Respondent No.4/Mr. Rajiv Sharma (hereinafter “Mr. RS”), Respondent No.3/Mr. Ranjit Sharma (hereinafter “Mr. RJS”) and their respective families. However, Respondent No.5/Ms. Uma Devi (hereinafter “Ms. UD”), who was Mr. DMP’s companion, Intervener/Mr. Umesh Sharma (hereinafter “Mr. US”)– Mr. DMP’s brother, and Respondent No.6/Mrs. Kanchana Rai (hereinafter “Mrs. KR”), - Mr. DMP’s daughter-in-law whose husband was the deceased third son of Mr. DMP, and her sons were opposing the present writ petition.

2. The present writ petition was disposed of vide judgment dated 29th October, 2021, whereby Justice (Retd.) Rajiv Sahai Endlaw was appointed as the Supervising Guar

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2022 Supreme(Del) 2169

PRATHIBA M. SINGHSatula Devi – AppellantVersusGovt. Of NCT Of Delhi – Respondent

How to appoint a Sole Guardian under the Guardians and Wards Act, 1890 to safeguard the assets of a deceased senior citizen?

What is the status and continuation of directives and supervision when the ward dies and heirs dispute the estate?

What are the conditions and powers of the Sole Guardian to manage and safeguard movable and immovable assets, including account operations and required prior approvals?

PRATHIBA M. SINGH
Satula Devi – Appellant
Versus
Govt. Of NCT Of Delhi – Respondent