Bombay High Court has appointed senior advocate Nitin Thakker as the lawful guardian of the 87-year-old Solicitor Kirit Damania under Section 151 of CPC. He has been appointed as the legal guardian and manager of all the assets and financial affairs of the octogenarian.
Kirit Damania is a bachelor and is critical since July 25 after he had a meningitis attack. Nitin Thakker along with Aura Dsouza has filed the suit and interim applications. They have worked collaboratively for several years.
The order passed by Justice Gautam Patel has been considered significant as guardianship laws are only meant for mentally challenged persons, those of unsound mind or minors.
“The applicant states that there is no provision under any law. time being in force, which recognizes the current state of Kirtibhai,” said the application. “He is conscious but is not able to recognize anyone. Prior to this, he had neither issued any power of attorney nor appointed any constituted attorney on his behalf.
Nitin Thakker has urged the court to be recognized as guardian in all respects, including the firm, a residential apartment, bank accounts, and fixed deposits. It was also communicated in the plaint that neither Thakker nor Dsouza has any interest in Damania’s property, and are like extended family members.
Justice Patel on August 13 observed that the case falls partly within the provisions of Order 32-A (2)(c) (guardianship of a person under a disability) of the Civil Code but there were no provisions to deal with the specific case. The court further noted, “Mr. Damania is neither mentally challenged, not of unsound mind, nor a minor. He has no family. He is incapacitated by an illness and the current laws of guardianship don’t provide recourse in a situation like this. There is, therefore, something of a vacuum in the law. That, however, doesn’t mean the courts are helpless.”
Following a March 6, 2017 ruling by HC in a guardianship suit, Justice Patel has referred to Section 151 of the CPC for the court’s inherent powers to issue the orders. He has been appointed as the legal guardian and manager of all the movable and immovable assets, affairs not limited to the operating bank accounts of Damania and deploy them in his treatment.
