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Bombay High CourtGP/14/2015

Mangesh Shyamsundar Chitnis v. Ninad Dattatray Chitnis And Krutarth Dattatray Chitnis (Minor)

2015-07-08Hon'Ble Smt. Justice R.S. Dalvi2 pages

jsn GP No.14_2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL SIDE JURISDICTION GUARDIANSHIP PETITION NO.14 OF 2015 Mr. Mangesh Shyamsundar Chitnis ...

Petitioner C M Jha, Adv. for petitioner.

CORAM : MRS. ROSHAN DALVI, J.

DATE : 8 th July, 2015.

P.C. :

1.

The petitioner is the paternal uncle of the two minor children Ninad and Krutarth. The parents of the minor children have expired. The paternal grandfather of the minor children was appointed guardian under an order dated 26th August, 2010 in Guardianship Petition No.8 of 2010. Such guardian has expired. The petitioner has produced the death certificate of the said guardian. 2.

After the said guardian expired his brother Shyamsundar Damodar Chitnis, aged 80 yrs. as also the petitioner and one sister who is the daughter of Shyamsundar have remained as the adult members of the family to be appointed as the guardian of the children. The petitioner has produced the affidavit of the said sister showing her 'no objection'. The father of the petitioner is too senior to be appointed guardian. Since this petition is the second petition for appointment of guardian of the two minor children, the death of the parents having already been considered earlier, notice and proclamation are dispensed with.

3.

The petitioner is seen to be fit and proper person to be

jsn GP No.14_2015 appointed guardian of the two minor children. The petitioner is appointed guardian of the two minor children. The properties of the minor children have already been considered in the earlier Guardianship Petition No.8 of 2010. The immovable property of the parents of the minor children being plot of land has been ordered to be transferred in the record of rights in the names of two minor children. It is stated not to have been transferred yet. The petitioner shall get the said property transferred in the names of the minor children in the record of rights.

4.

Guardianship Petition is disposed of accordingly. ( ROSHAN DALVI, J. )