LAWS(BOM)-2007-12-34

ANAND YASHWANT SARWADE Vs. STATE OF MAHARASHTRA

Decided On December 05, 2007
ANAND YASHWANT SARWADE Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This is a Petition under the Guardians and Wards Act, 1890. The Petitioner seeks to be appointed the guardian of his brother one Dada Yashwant Sarwade inter-alia in respect of certain amounts due to him from the gratuity and family pension account of their deceased father. Their mother expired on 14.5.2002 leaving behind the Petitioner and the said Sarwade as the only legal heirs and representatives.

(2.) The Petitioner's case is that his brother in respect of whom he seeks to be appointed as a guardian is mentally ill and that after the death of their parents he has been residing continuously with him and that he has been looking after him in all respects.

(3.) The said Sarwade is however admittedly a major being over the age of eighteen years.