Usha Sushil Gupta v. Aryan Anuresh Jain - Minor

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

GUARDIANSHIP PETITION NO. 7 OF 2019 Ms Usha Sushil Gupta

...Petitioner

.....

Mr Bhalchandra G. Saraf for the Petitioner.

.....

Digitally signed by Dhanappa I.

Koshti Date:

2019.06.19 15:52:40 +0530 Dhanappa I. Koshti CORAM : B. P. COLABAWALLA, J.

JUNE 18, 2019.

P.C. :

Heard learned advocate for the petitioner and also perused the averments in the Guardianship Petition as well as the additional affidavit filed by the petitioner dated 8th March, 2019. Considering the averments in the petition as well as in the additional affidavit, I am satisfied that no notice is required to be given as contemplated under Section 11 of the Guardians and Wards Act, 1890 (for short "the Act"). In these circumstances, the petition is accepted and heard finally.

The above petition is filed under the provisions of the Guardians and Wards Act, 1890 in respect of the minor son, namely, Aryan. The minor Aryan is the biological son of the petitioner. The petitioner was married to one Mr Anuresh Vinay Jain on 15th April, Pg 1 of 4

2000 and from the said wedlock they had the minor Aryan who was born on 30th January, 2002 at Mumbai. The petitioner and the said Anuresh Jain, who were married earlier got a divorce and obtained a decree for dissolution of marriage from the Family Court, Bandra, Mumbai dated 31st October, 2012. Subsequent to the aforesaid divorce, Anuresh Jain (father of the minor) expired on 8th May, 2015 at Bangalore.

What this petition seeks is the appointment of the petitioner as a guardian of the properties of minor and to authorize the petitioner to finalize and execute the necessary documents for sale (on behalf of the minor) with regard to Flat No. B-304 situated on 3rd floor of Rajendra Vihar Co-operative Housing Society Ltd. Evershine Nagar, Malad (W), Mumbai - 400 064 admeasuring approximately 540 square feet (built up area). The aforesaid flat was purchased in the name of the petitioner along with the minor jointly under an agreement of sale dated 23rd April, 2012, the details of which have been set out in paragraph 6 of the petition and paragraph 2 of the additional affidavit.

In the petition it is stated that the market value of the said flat is Rs.71 Lacs and the government valuation which has been Pg 2 of 4

brought on record shows the market value of said flat at approximately Rs.61 lacs. The learned advocate appearing on behalf of the petitioner has stated before me that the sale of the said flat is now been finalized for a sale consideration of Rs.78,00,000/-. It is stated in the petition that it would be in the welfare and benefit of the minor if the said flat is sold and the sale proceeds will be utilized for further studies and education of the minor. It is, in these circumstances, that the petitioner has prayed for the reliefs as more particularly set out in the petition.

Looking to all the averments that have been made in the petition as well as in the additional affidavit, and which I find to be bonafide, the petition is made absolute in terms of prayer clauses (a) to (e) which reads thus - (a) The Notice U/Section 11 of the Guardian and Ward Act, 1890 may be dispensed with and/or discharged; (b) The petitioner may be appointed as a guardian of the Properties of the said minor Master Aryan Anuresh Jain, without security/ remuneration with regard to the properties of the minor as set out in EXHIBIT 'C' hereto; (c) That this Hon'ble Court be please to authorize the Petitioner to finalize and execute necessary documents for saleon behalf of the minor with regard to the said Flat No.B-304, area 540 sq. feet built up, 3rd Floor, Rajendra Vihar Co-op. HSG Society Ltd. Evershine Nagar, Malad (West), Mumbai 400 064;

Pg 3 of 4

(d) The 50 % of the sale proceeds may be directed to deposit with the Accounts Officer, High Court, Bombay and the Accounts Officer, High Court, Bombay may be directed to invest the same in any Nationalized Bank under Fixed Deposit and the periodically interest may be given to the petitioner for the maintenance and education of the said minor till the minor attains the age of majority i.e. 18 years and after attains the age of majority the amount deposited with the Accounts Officer, High Court, Bombay may be handed over to the minor after obtaining appropriate orders from the Hon'ble Court.

(e) The Petitioner be granted liberty to apply to this Hon'ble Court as and when occasion arises."

The Guardianship Petition is accordingly disposed of. No order as to costs.

(B.P.COLABAWALLA, J.) Pg 4 of 4