Guardianship certificate in India: how to apply
A guardianship certificate is the usual name for a court order, or in some disability cases a Local Level Committee certificate, naming a person to care for a minor or a dependent adult or to manage their property. For a minor, you apply to the District Court under the Guardians and Wards Act 1890. For adults, the route depends on the condition.
You often need one when a parent has died, when a minor's property must be sold, or when a family member can no longer make decisions.
Last updated 8 November 2026 · VIVS Legal, Sanpada-Vashi, Navi Mumbai
Legal lead: Adv. Swanand Pandit, Advocate, High Court of Bombay
- Minors
- Guardians and Wards Act 1890; Hindu Minority and Guardianship Act 1956
- Court
- District Court or Family Court where the minor ordinarily resides
- Test
- Welfare of the minor
- Disabilities
- National Trust Act 1999; RPwD Act 2016; Mental Healthcare Act 2017
- Sale of a minor's property
- Needs court permission
- Fees
- Contact us
On this page
Which route applies to you?
| Situation | Route |
|---|---|
| Minor whose parent has died, or who is in a relative's care | Guardians and Wards Act, District Court or Family Court |
| Sale of a Hindu minor's immovable property | Court permission under section 8 of the HMGA 1956 |
| Adult with autism, cerebral palsy, intellectual disability or multiple disability | Local Level Committee under section 14 of the National Trust Act 1999 |
| Adult with another disability needing limited support | Limited guardianship under section 14 of the RPwD Act 2016 |
| Person with mental illness | Nominated representative under the Mental Healthcare Act 2017 |
| Adult in a coma or vegetative state | Writ petition to the High Court, as some High Courts have appointed guardians in such cases |
The right route saves months. In a coma case, for example, families often lose time applying under a law that does not fit.
What does the court look at for a minor?
Section 17 of the 1890 Act tells the court to be guided by the minor's welfare, looking at age, sex, religion, the proposed guardian's character and capacity, any wishes of a deceased parent, and the preference of a child old enough to form one. Section 9 ties the application to where the minor ordinarily resides.
Natural guardians remain the parents, under section 6 of the HMGA for Hindus. In a custody dispute between parents, a guardianship petition is often the formal route. A person adopting a Muslim, Christian or Parsi child may also have used guardianship in the past, but the Juvenile Justice Act now gives another route.
Can a guardian sell a minor's property?
Not freely. Under section 8 of the HMGA, a Hindu natural guardian needs court permission to mortgage, sell or gift a minor's immovable property, or to lease it for more than five years or beyond a year after the child turns 18. Without permission, the child can later have the sale set aside. Section 29 of the 1890 Act has a similar limit for a court-appointed guardian.
A buyer should ask for this order. Banks and sub-registrars do too, and it often comes up in a family settlement or in a title search.
Documents to bring
- The child's birth certificate and ID.
- Death certificates of the parents, or proof of why a parent cannot act.
- Details of the minor's property: deeds, bank or investment statements.
- ID, address and income proof of the proposed guardian.
- Consent or objection of close relatives, if known.
What decides the fee
- Agreed terms or a contested case.
- Interim applications along the way.
- How many hearings the case takes.
- A party abroad: service outside India, video hearings, a power of attorney.
- Court fees and stamp paper, paid at actuals.
We quote in writing once we have seen the papers. Call +91 8291849797 or book a consultation.
NRI parents and relatives
An NRI relative can apply, but the court will ask how the child will be cared for and whether the child will move abroad. Visa and immigration authorities may ask for specific wording, so check their requirements first. We work with families abroad through our NRI legal services. Please call +91 8291849797 or +91 9167710454.
This page is general information, not legal advice. If you or a child are in immediate danger, call 112 first. Every family's facts differ, and the law can change, so we check the current position on your matter.
Frequently Asked Questions
Still have a question?
Speak with our legal team about your matter with clarity and confidence.
It is an order or certificate from a court or Local Level Committee naming a person as guardian of a minor or a person with a disability, with stated powers.
It depends on the court and on whether anyone objects. An uncontested matter can often finish in a few months, but a contested one takes longer.
Yes. Grandparents can apply, and the court decides on the child's welfare, along with any surviving parent's rights.
Usually not for daily decisions, but it may be needed for selling a minor's property or in a dispute with the other parent.
Yes. The court can remove a guardian for abuse of trust, neglect or other reasons listed in section 39 of the 1890 Act.
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