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Madras High CourtOP/189/2024allowed

Revathi Krishnan v. No Respondent

2024-04-30Honourable Mr Justice C.V. Karthikeyan4 pages

O.P.No.189 of 2024 C.V.KARTHIKEYAN, J.

This petition has been filed under Section 8(2) of the Hindu Minority and Guardianship Act, 1956, seeking to permit the petitioner to sell 25% of the property described in the property schedule which belongs to her minor child, Advaith Govind and to deposit the same in an interest bearing account till he attains the age of majority.

2. In the petition, it had been stated, that her husband/father of the minor child had unfortunately died on 24.10.2022. The minor child had been born on 19.04.2020. The property is at situated at Anna Nagar, Chennai and the shares to the said property are the mother-in-law of the petitioner, the petitioner and her minor child. 1/4

3. After following due procedure, the petitioner was directed to tender evidence. She examined herself as P.W.1 and marked Ex.P2 - the birth certificate of the minor son, Ex.P4 and P5 - the death certificate and legal heir certificate of her late husband, Ex.P6 and Ex.P7 - the death certificate and legal heir certificate of her father-in-law. The document relating to the property was marked as Ex.P8. The purchaser was examined as P.W.2. She has also filed an affidavit confirming her interest in purchasing the property.

4. Taking into consideration, the nature of evidence produced, also hearing the learned counsel for the petitioner, this petition stands allowed.

5. The petitioner is also permitted to sell the 25% share of the minor child with respect to the suit schedule property and a caveat is also placed that the sale consideration relating to the 25% should be deposited in fixed deposit and the fixed deposit receipt must be 2/4

deposited in Court. If the petitioner requires any amount, during the interregnum period for expenses, till the minor attains the age of majority, an application can be filed.

30.04.2024 jas 3/4

C.V.KARTHIKEYAN,J.

jas O.P.No.189 of 2024 30.04.2024 4/4