Delhi HC Contemplates Formulating Guidelines for Safeguarding Orphans Assets & Properties

The Delhi High Court is contemplating the formulation of norms to safeguard the assets and properties of children who have lost their parents.

In response to a plea by two minors who recently became orphaned, a bench of Justice Subramonium Prasad issued  notice to the Delhi government regarding the petition, instructing authorities to submit a response within two weeks. The matter is scheduled for further hearing on December 6, 2023.

The court has also appointed senior advocate Dayan Krishnan as amicus curiae to provide assistance by offering insights to establish a policy in cases of this nature.

The petition, filed through advocate Tara Narula, submitted that on September 6, 2022, the petitioners’ father allegedly killed their mother and subsequently took his own life. The siblings, aged 13 and nine, are currently residing in a shelter home as per the Child Welfare Committee’s (CWC) directive. The CWC has also instructed the investigating officer to probe the cash, property, jewelry, and other assets of their parents and document the findings.

The plea highlighted that although the children’s relatives expressed readiness to care for them, the minors declined, asserting that the relatives had not taken steps to address the issues between their parents. The two minor boys, via the shelter home, approached the court, expressing concern that their parents’ properties were being mismanaged. They emphasized the necessity of legal intervention to protect their interests.

“The movable and immovable properties need to be protected for the future benefit of the children,” the plea stated, urging the authorities to manage and maintain the assets in trust for the minors until they reach the age of majority. Additionally, the minors sought compensation of Rs 30 lakh each, addressing both their immediate needs and future sustenance.