PART I APPOINTMENT OF GUARDIAN AND TRANSFER OF INFANT’S SHARE
Mode of making application.

4. An application to the Court by an administrator or personal representative, under the provisions of sub-section (1) or (2) (b) of section 46 of the Administration of Estates Law, 1954, for an order to dispose of an infant’s share, shall be made by summons in Form 1, with such variations as circumstances may require.

Service of summons

5. The Court may direct such persons to be served with the summons (Form 1), and such advertisements to be made, as it may think fit.

Statement of particulars

6- (1) The summons (Form 1) shall be accompanied by a statement by the applicant containing the following particulars:-

(a) the infant’s name and date of birth. An official certificate of birth from the appropriate Commissioner shall be attached to the summons. If the infant’s name cannot be traced in the Register of Births the fact should be stated in the applicant’s affidavit filed under paragraph (2) of this Rule;

(b) full particulars of the movable and immovable property falling to the infant as his share in the assets of the estate, with an approximate estimate of the income and capital value thereof;

(c) the name and address of the living parent of an infant and/or his nearest relatives;

(d) reference to the deceased’s estate administration relating to the infant, and the date of the filing and auditing of the final accounts of the administration;

(e) if a person is proposed as a guardian, a statement whether it is proposed that such person, if appointed, should be remunerated or not; and

(f) any exceptional circumstances specially affecting the administration of the infant’s property.

(2) An affidavit by the applicant verifying the statement shall be sufficient prima facie evidence of the particulars contained in the statement.

(3) The summons shall also be accompanied by an affidavit of some person or persons to the effect that from personal knowledge the proposed guardian is a fit and proper person to be appointed as such: Provided that if the applicant is not the proposed guardian then such evidence may be included in the applicant’s statement filed under paragraph (1) of this Rule.

Guardian’s consent

7. No person shall be appointed guardian of an infant’s person or property unless –

(a) he attends personally before the Court or Registrar and signifies his consent to such appointment; or

(b) his consent in writing, duly attested by a Registrar, certifying officer or mukhtar, is filed in Court.

Register of applications

8. The Registrar shall keep a register in Form 2 in which every application filed under the Law during a year shall be entered and numberred consecutively.

Order to be drawn up

9-(1) Every order of a Court directing the transfer of an infant’s share and appointing a guardian shall be drawn up in Form 3, and entered in book to be kept for that purpose; and an office copy thereof shall be attached to the file of proceedings.

(2) Office copies of such orders shall be issued to guardians free of charge.