Safeguard property rights of orphans: Delhi HC tells govt

The matter arose from a plea filed by two orphaned minors, urging the court to secure their interest, on the ground that the properties belonging to their parents were being frittered away by their relatives.

The Delhi high court has issued multiple directions for other courts, considering applications for guardianship and protection of properties of orphaned children, underscoring judiciary’s role in securing property rights for the children.

The ruling was released on Friday. (Getty Images/iStockphoto)

A bench of justice Subramonium Prasad in a ruling released on Friday, directed the Delhi government to frame guidelines for safeguarding the property rights of orphaned children in the Capital. Further, the court directed the family courts to pass interim orders for protecting such assets within four weeks of application filed for relief and adapt a child- centric approach by appointing a separate counsel on the child’s behalf.

“The cases of children who are helpless victims of circumstances must be dealt with compassion, and a sympathetic attitude and approach must be adapted by courts,” justice Prasad said.

The matter arose from a plea filed by two orphaned minors, urging the court to secure their interest, on the ground that the properties belonging to their parents were being frittered away by their relatives.

“Courts are zealous guardians for the protection of the properties of minors and efforts must be made to ensure that the properties are immediately secured so that they are not frittered by unscrupulous relatives who, like vultures, want to prey on the meagre belongings that have been left behind on which only they (children) have the rights. The state is directed to frame the guidelines to be followed by the concerned authorities,” the judge said.

In the 37-page order, the judge further said that the applications filed by district magistrates for securing minor children’s properties must be placed before the courts which are already dealing with guardianship applications.

The bench also directed the Delhi government to protect the interest of the minor siblings by defending and instituting all the claims on their behalf.