Mr Ramasrey Ramharakh Lodh v. Master Krish Jagram Lodh (Minor)

1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO.16 OF 2017 Mr. Ramasarey Ramharakh Lodh ....Petitioner Vs.

Master Krish Jagram Lodh ....Minor ---- Ms. Shail Chaudhary I/b. Mr. Arjun Chaudhary for petitioner. ---- CORAM : K.R.SHRIRAM, J.

DATE : 13th DECEMBER 2018 P.C.:

Heard the counsel and also considered the petition and the reliefs prayed for.

Petitioner is the paternal grandfather of the minor Krish Jagram Lodh, who was born on 15th August 2006. The minor's father, who was the son of petitioner, died on 3rd August 2006 just about 12 days before the minor was born and the minor's mother, it is stated, died on 10th December 2008. Photocopy of father's death certificate is on record but there is no death certificate of the mother.

Petitioner is relying upon a hand written certificate issued by some Grampanchayat, Village - Parsohiya, Post - Raksadevai, District - Sant Kabir Nagar, Uttar Pradesh issued on 15th December 2015. I am not inclined to accept this death certificate of the mother because (a) it cannot be called as death certificate and (b) it appears to have been issued more than 7 years after the alleged death of the minor's mother.

2/3 Petitioner is seeking to be appointed as the guardian of the minor because there are certain Kisan Vikas Patras, copies whereof are annexed at Exhibit "D", "E", "F" and "G" to the petition which have matured. The Kisan Vikas Patras seem to have matured almost six years ago and the status of the money under the Kisan Vikas Patras is not known. Petitioner is stating that the amounts under these Kisan Vikas Patras be reinvested to mature only after 15th August 2024 when the minor Krish Jagram Lodh would turn 18 years of age.

Since petitioner is not seeking handing over of this money to petitioner, even though I am not satisfied with the death certificate of the mother of the minor, I would still grant the petition so that the minor gets the benefit of the amount invested in his name. Petitioner is, therefore, appointed as guardian of the minor. The concerned Post Office, which issued the four Kisan Vikas Patras, to renew the same subject to terms and conditions, together with accumulated interest, if any, in the sole name of KRISH JAGRAM LODH/the name in which the Kisan Vikas Patras have been issued. The Kisan Vikas Patras, after renewal, to be deposited with the Accounts Officer, High Court, Bombay to be handed over for renewal/encashment only after Master Krish Jagram Lodh becomes a major. The Kisan Vikas Patras to be submitted within four weeks from today to the

3/3 Accounts Officer, High Court, Bombay.

Petition accordingly stands disposed but to be listed for compliance first on board on 10th January 2019. (K.R. SHRIRAM, J.)