PRAYER: Original Petition{ filed under Sections 3, 7,8, 9, 10, 25 and 29 of the Guardian and Wards Act, 1890 read with Order XXI Rule 2 & 3 of theOriginal Side Rules, praying:

(a) to jointly appoint the petitioners herein as the Guardian of the person and properties of the minor male child Master Jagadeesh, who was born out of the wedlock of his late parents i.e. Mr.R.Durairaj, son ofMr.Ramalingam and Mrs.Hemalatha, wife of Mr.R.Durairaj, on 17.03.2012;

(b) to grant permanent custody of the minor male child Master Jagadeesh to the petitioners herein;

(c) to manage the properties, rental profits and the estate of the minor male child Master Jagadeesh on behalf of the said minor; and pass furtherorders.

O R D E R

This Original Petition has been filed under the provisions of theGuardians and Wards Act, 1890, seeking to appoint the petitioners jointly as guardians of the person and property of the minor male child, MasterJagadeesh, born on 17.03.2012.

The first petitioner, Mrs. J. Nandhini, is the paternal aunt of theminor, while the second petitioner, Mr. K. Elumalai, is{ the paternal uncle of the minor. The petitioners seek their appointment as joint guardians of theminor and his properties.

The case of the petitioners, as set out in the petition and the proofaffidavit, is that the minor is the son of late Mr. R. Durairaj and late Mrs. Hemalatha. The father of the minor died on 11.05.2021 and the mother of the minor died on 30.04.2023. The respective death certificates have beenproduced before this Court. It is stated that both the parents died intestate.

It is further stated that the minor is the sole surviving legal heir ofhis deceased parents. The Legal Heirship Certificate, dated 15.07.2021 relating to late Mr. R. Durairaj and the other documents produced along withthe petition have been relied upon in support of the said contention.

The petitioners have further stated that, after the demise of theparents of the minor, a search was made for any Will or testamentary document executed by them, but no such document was found. It is thereforestated that the deceased parents died intestate.

The minor has inherited the property more fully described in theSchedule to the petition. The said property is stated to measure about 1610.5 sq.ft., together with a building measuring about 800 sq.ft., bearing Door No.2, 24th Street, 3rd Cross, J.B. Estate, Avadi, Chennai – 600054, and isstated to be worth approximately Rs.25,00,000/-.

It is the further case of the petitioners that, after the demise of theparents of the minor,{ no guardian has been appointed either for the person of the minor or for his properties and that no proceedings seeking appointmentof a guardian have been filed before any other Court.

The minor is presently pursuing his education as a hosteller at M/s.Ramakrishna Mission, Mylapore, Chennai, and is stated to be under the care and support of the petitioners. The petitioners have stated that they have been attending to the personal, educational and financial requirements of theminor.

The first petitioner, J. Nandhini, is the paternal aunt of the minor.She is married and has no children and is employed as a Business Analyst at Citi Bank, Chennai. The second petitioner, K. Elumalai, is the paternal uncle of the minor and is employed as a Head Constable in the Central Crime Branch, Vepery, Chennai. The petitioners have placed their respective financial and family circumstances before this Court and have stated that theyare fit and proper persons to be appointed as guardians.

The documents produced by the petitioners, including the titledocuments relating to the property, encumbrance certificates, death certificates of the parents of the minor, legal heirship certificate and othersupporting documents, have been perused.

The petitioners have also stated that they have been jointly takingcare of the minor and that the minor is presently under their care and support. Considering the fact that both parents of the minor are no more