Kashyap Kanaiyalal Mehta v. -

914-GP27-17-MODIFIED.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO. 27 OF 2017 Kashyap Kanaiyalal Mehta being and as Karta and Manager of Mehta Kashyap HUF

...Petitioner

Mr Dipesh Jain, i/b AV Jain Associates, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

25th October 2018 PC:- 1.

The Petition is filed under Section 8 of the Hindu Minority and Guardianship Act 1956. The Petitioner seeks leave of the Court to sell an immovable property in which his son, a minor, today about 16 years old, has an interest. The property in question is Flat No. 1103/A, of about 314 sq ft carpet area, 11th floor, Kalindi Building, CTS No.495 (Pt), Neelkanth Valley, Raja Wadi, 7th Road, Ghatkopar (East), Mumbai 400 077. It is proposed to be sold to one Amresh A Thakker, Bhavini K Thakker and Indumati K Thakker for an aggregate consideration of Rs.1,33,00,000/-. The flat was purchased by the Petitioner's HUF which comprises of four persons namely, the Petitioner, his wife Rupal, their daughter Sonia and the minor son Saumya. The parties do not reside in this flat. The Petitioner has purchased another flat at 26/27, A Wing, Ahuja Tower, Raja Bhau Desai Marg, Prabhadevi Road, Mumbai 400 025, 25th October 2018

914-GP27-17-MODIFIED.DOC where the family lives. The daughter, Sonia is studying overseas in America. The sale of the flat at Ghatkopar is required as a legal necessity to meet the increased educational and other costs of the two children.

2.

The interest of the Petitioner is not adverse to that of the minor. The sale is in the minor's interest and out of legal necessity. 3.

There is no impediment to the grant of relief. The Petition is made absolute in terms of prayer clause (a).

(G. S. PATEL, J) Note:This order is modified as per order dated 27th November 2018. 25th October 2018