Delhi HC Landmark Judgement Protects Orphaned Children’s Property Rights

In a landmark judgement, the Delhi High Court has directed the state to take steps to protect the property rights of orphaned children in India. Responding to two critical cases filed by iProbono India’s panel advocate Tara Narula, the Court has directed the Delhi government to frame comprehensive guidelines ensuring financial protection and long-term stability for children left vulnerable after the death of their parents.

Background: Abuse, Loss, and Institutional Care

This ruling comes in light of two cases involving siblings who suffered severe abuse and neglect, ultimately losing their parents and being placed in Child Care Institutions (CCIs).

In the first case, Gopal* (13) and Yuvraj* (9) witnessed their intoxicated father fatally stabbing their mother before taking his own life. With no support from relatives during their mother’s lifetime, the children chose not to live with them and were moved to a CCI.

In the second case, Satyam* (9) and Charvi* (6) suffered ongoing physical abuse by their alcoholic father,  after their mother had abandoned them years earlier. A violent episode in 2020 led to police intervention, the father’s arrest, and the children’s placement in a CCI. Their father passed away in 2022.

Though both sets of children’s parents owned property and assets in Delhi, the children were left without access to their rightful inheritance. Instead, there was growing concern that opportunistic relatives might seize these assets. 

iProbono India’s Legal Intervention

In 2023, iProbono India filed two petitions before the Delhi High Court, seeking urgent legal protection of these children’s inheritance rights.

Acknowledging the urgency, the Court directed the respective District Magistrates to take immediate steps to secure these children’s property interests by filing appropriate applications before trial courts –  steps that have now been implemented . 

To assist with broader legal and systematic implications, senior advocate Dayan Krishnan was appointed as amicus curiae, to assist the court. He pointed out the state’s failure to prevent  unlawful acquisition of orphaned children’s assets by relatives and third parties.

Court-Directed Guidelines: A Multi-Stakeholder Approach

In a sweeping directive, the Court ordered the Department of Women and Children Development (DWCD) to collaborate with Mr. Krishnan and iProbono India to formulate official guidelines to prevent exploitation and ensure proactive protection. The proposed guidelines clearly define the responsibilities of key stakeholders, including:

• Child Welfare Committee (CWC), 
• Juvenile Justice Board (JJB), 
• CCI, 
• District Child Protection Unit (DCPU), 
• police, 
• District Legal Services Authority (DLSA), 
• Guardianship Court, 
• DWCD, and 
• the District Magistrates 

Key Provisions for Protection of Property Rights

In its judgment, the court directed the Delhi Government to implement guidelines in line with the proposed guidelines submitted before it and reproduced in the judgment. In addition, the High Court listed some directions to be issued to courts that are considering the applications for guardianship and for protection of the properties of the children:  

• The CWC must obtain the legal heir and succession certificates, as well as the death certificates of the parents, within seven days of receiving the Social Investigation Report (SIR). 
• These documents must then be sent to the District Magistrate for swift  legal action. 
• Applications for guardianship over a minor child’s property must be filed in the Family Court already overseeing  the child’s case  to avoid delays and conflicting directives.
• The Family Courts should adopt a child-centric approach, appointing separate legal counsel to represent the views and interests of the child. 
• Guardians are required to submit annual financial accounts to the family court, which will also be responsible for reviewing and overseeing all statements and expenditures.
• Pending application for property protection should not delay adoption processes, ensuring the child’s best interest is prioritised at all times. 

This judgement by the Delhi High Court sets a precedent in recognising the inheritance rights of orphaned children as central to their development and dignity. The guidelines recommended by the Court will ensure that these children will not be denied their rightful future due to bureaucratic delays or unlawful interference.

Long-Term Social and Legal Impact

This ruling represents a milestone in child rights jurisprudence in India. It strengthens the legal framework to ensure that children who have lost both parents are not deprived of their rightful inheritance, and can step into adulthood with financial security and emotional stability.

iProbono India remains steadfast in its commitment to advocating for the rights of vulnerable children and continues to work towards systemic legal reforms to secure their future.

*Names changed to protect identity.