1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Guardianship Petition No.59 of 2008 Sanjay Rupaji Khade .. .. Petitioner v/s. Ramesh Rupaji Khade & 2 ors. .. Respondents Ms.Sonali Humane i/by R. Todankar for petitioner. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 11 th June, 2008 P.C. : 1. Petition is admitted and is made returnable forthwith. 2. The Petitioner is the elder brother of Respondent Nos.1 and 2 and the step brother of Respondent No.3. Their parents have expired. Their father had married twice. The Petitioner has produced the Death Certificate of his father, his mother as well as his step mother. 3. It is the case of the Petitioner that Respondent Nos.1 and 3 are in his care and custody. Respondent No.2 resides with paternal uncle. The Petitioner contends that he incurs expenses for her upkeep also. The Petitioner has produced the Birth Certificates of Respondent Nos.1 and 2. The Petitioner has produced the School Leaving Certificates of 2 Respondent Nos.1 and 2, showing their date of birth. Respondent No.3 also lives with the Petitioner and the Petitioner is agreeable to keep her in his care and custody. 4. Respondent No.1, who was the minor at the time of the filing of this Petition, has since attained majority. However, he is stated to be suffering from Polio. He requires to be under the care and custody of the Petitioner. Consequently, this Petition filed under the Guardian and Wards Act, 1890, is allowed to be prosecuted in respect of Respondent No.1 also. 5. The Petitioner is appointed guardian of all the three Respondents. 6. The Petitioner as well as his three brother and sisters are the heirs and legal representatives of their father and entitled to an equal 1/4 th share in his estate. The only estate is the Provident Fund Account of the deceased father. Since the Petitioner and Respondent No.1 have already attained majority, they shall be paid 1/4 th each of the amount of the provident fund by the Provident Fund Commissioner. 7. The Provident Fund Commissioner shall disburse the remaining 50% of amount of Provident Fund now available in 3 the PF Office and payable to the father of the Petitioner to the Accounts Officer of this Court. 8. The Accounts Officer shall invest the said amount of the provident fund in FDR in Bank of India, which shall remain until Respondent Nos.2 and 3 attain majority. The Accounts Officer shall disburse the interest received on the provident fund amounts so invested to the Petitioner for the upkeep and maintenance of the minors. He shall pay the 1/4 th share of each of these Respondents to them upon their attaining majority. [SMT.ROSHAN DALVI, J.]