Foreign citizen cannot get guardianship rights over Indian sibling: Delhi High Court

4 min readNew DelhiJul 29, 2026 05:13 PM IST Under the National Trust Rules, the local level committee shall ensure that the person whose name has been suggested for appointment as guardian is a citizen of India.The Delhi High Court has ruled that a non-Indian cannot be given guardianship rights over their Indian sibling and refused to appoint a woman having New Zealand citizenship as guardian of her disabled sibling, reportedly an Indian citizen. Referring to the National Trust Rules that deal with the guardianship of disabled citizens, Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said that the brother’s welfare must remain paramount. The court, therefore, directed the authorities concerned to ensure the proper mechanism is followed as and when the sibling’s guardianship