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Madras High CourtOP/786/2022ordered

Sivarama Krishnan v. No Respondent

2023-04-19Honourable Mr Justice K.Kumaresh Babu10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Sivarama Krishnan ... Petitioner PRAYER: Original Petition filed under Sections 3,7 to 10 and 29 of Guardian & Wards Act 1890 R/W Order XXI Rules 2 & 3 of O.S Rules seeking to declare/appoint the petitioner to be the guardian of the person and property named minors Meganna and Megasvana; b) that the guardian may be at liberty to raise the said sum of Rs.10,00,000/- by a mortgage of item Nos.1,2 and 3 of the schedule hereto upon interest at the rate of 12% per annum, and to apply the said sum for purposes mentioned in paragraph 9 hereof, if necessary; (c) permit the petitioner to receive the assets mentioned in S.L., No.4., to 25 of schedule on behalf of minors and to deposit the same in the name of minors in any nationalized bank; (d) that the sum of Rs.

3,00,000/- maximum/annum may be fixed for the maintenance and education of the minors; d) that the sum of Rs.25,000/- a month may be allowed to the said guardian as his remuneration, however the petitioner need to avail facility as he guardian obligation; (f) that the said guardian may be at liberty to invest any balance of the net income of the minors, after payment of the said sums and the costs of this application incurred.

For Petitioner : Mr.G.Thyagarajan

ORDER

The petitioner has applied for permission to appoint him as the guardian to the person and property of the minors R.Meganna and R.Megasvana.

2.The petitioner states that the mother namely, Saradambal died on 30.08.2016 and the father R.Ramanathan died on 20.04.2021, leaving behind the above mentioned minors. The petitioner is the paternal uncle of the minors. Both the paternal and maternal grandparents of the minors is also deceased. The petitioner is the only paternal relation living now. The minors are in the care and custody of the petitioner herein. The petitioner further states that the minors are entitled to three immovable properties set out in the schedule to the petition, and are also entitled to the funds released by Tamil Nadu Electricity Board Worker's Cooperative Benefit society as the mother of the minors worked as a staff there. The petitioner further states that the Items No. one to three mentioned in the schedule are in a dilapidated condition and the same has to be repaired, for which the properties has to be mortgaged at a interest rate of 12% per annum. 2/10

3. The petitioner adduced evidence by examining himself as P.W.1. The 42 documents listed at the foot of this order were exhibited in course of examination-in-chief. The death certificates of the parents of the minors (Exs.P7 and P8) discloses that they died on 30.08.2016 and 20.04.2021 respectively. The legal heirship certificate in respect of Saradambal (Ex.P9) discloses the names of the two minor children as the legal heirs of Saradambal. The birth certificates of R.Megasvana and R.Meganna (Exs.P1 and P2) discloses that the twins were born on 10.03.2009. The birth certificates specify the name of the mother as Saradambal and that of the father as R.Ramanathan. The PAN Cards and the aadhaar cards of the petitioner and the children have been placed on record as proof of identity. The petitioner has provided the declaration of willingness to be the guardian (Ex.P42).

4. Based on the evidence adduced by the petitioner, the petitioner is entitled to succeed.

5. Therefore, O.P.No.786 of 2022 is allowed on the following terms: (i)the petitioner is appointed as the guardian of the person and property of the minors, R.Meganna and R.Megasvana.

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(ii) the petitioner is permitted to mortgage Item Nos.1 to 3 of the schedule for a sum of Rs.10,00,000/- [Rupees Ten Lakhs Only/-] for the maintenance of the properties in the schedule Item No.1 to 3. He shall stand as a personal guarantor to such mortgage. (iii)the petitioner is permitted to a sum of Rs.3,00,000/- [Rupees Three Lakhs Only/-] for the maintenance and education of the minors. (iv)the petitioner is permitted to receive the minors' share in the assets described in the schedule No.4 to 25 to the petition on a condition that the entire share of the minor's is to be deposited in a fixed deposit in the name of the respective minor in a nationalized bank. It is clarified that separate fixed deposit accounts shall be opened for each minor. Such fixed deposit shall be kept renewed until the respective minor attains the age of majority.

(v) upon completing the aforesaid, the petitioner shall file an affidavit of compliance in the Registry.

19.04.2023 pbn Index :Yes/No Speaking: Yes/ No 4/10

Note :- Issue order copy on 02.05.2023 5/10

Petitioner's witness:

P.W.1 -Mr.Sivarama Krishnan Documents exhibited by the petitioner:

Exhibits Documents Ex.P1 Computer generated birth certificate of R.Megasvana Ex.P2 Computer generated birth certificate of R.Meganna Ex.P3 Photocopy of the Aadhaar Card of R.Meganna Ex.P4 Photocopy of the Aadhaar card of R.Megasvanna Ex.P5 Photocopy of the PAN card of R.Meganna Ex.P6 Photocopy of the PAN card of R.Megasvana Ex.P7 Computer generated death certificate of V.Saradambal Ex.P8 Computer generated death certificate of R.Ramanathan Ex.P9 Photocopy of the Legal Heirship certificate of V.Saradambal Ex.P10 Photocopy of the petitioner's Aadhaar card Ex.P11 Photocopy of the petitioner's PAN card Ex.P12 Photocopy of the petitioner's office identity card Ex.P13 Online printout of the petitioner's pay slip for the month of January 2022 Ex.P14 Online printout of the petitioner's pay slip for the month of February 2022 Ex.

P15 Online printout of the petitioner's pay slip for the month of March 2022 Ex.P16 Photocopy of the Sale Deed dated 30.03.1992 executed in favour of V.Saradambal Ex.P17 Photocopy of the sale agreement dated 09.03.1998 entered into between K.Vasantha, Mr.K.Palani and Mr.R.Ramanathan Ex.P.18 Photocopy of the sale deed dated 24.11.2011 executed in favour of Mr.

Exhibits Documents Ex.P19 Photocopy of the term deposit receipt of Sundaram Finance dated 16.08.2018 standing in the name of Mr.R.Ramanathan Ex.P20 Photocopy of the Sovereign Gold Bonds Scheme 2017-18 of Government of India standing in the name of Mr.R.Ramanathan Ex.P.21 Photocopy of the fixed deposit receipt of Indian Overseas Bank dated 25.01.2017 standing in the name of Mr.R.Ramanathan Ex.P22 Photocopy of the fixed deposit receipt of Indian Overseas Bank dated 25.01.2017, standing in the name of Mr.R.Ramanathan Ex.P23 Photocopy of the term deposit advice of State Bank of India dated 21.12.2019 standing in the name of Mr.R.Ramanathan Ex.P24 Photocopy of the first page of the public provident fund account passbook of State Bank of India bearing account No.38571267699 standing in the name of minor Ms.R.Meganna and R.Ramanathan Ex.

P25 Photocopy of the first page of the public provident fund account passbook of State Bank of India bearing account No.38571267882 standing in the name of minor Ms.R.Meganna and R.Ramanathan Ex.P26 Photocopy of the first page of the post office monthly income savings passbook bearing account No.3662095445 standing in the name of Mr.R.Ramanathan Ex.P27 Photocopy of the first page of the post office joint savings account passbook bearing account No.0000421041 standing in the name of Mr.R.Ramanathan and Mrs.Saradambal Ex.P28 Photocopy of the first page of the post office term deposit account passbook bearing account No.4007256729 standing in the name of Mr.R.Ramanathan Ex.P29 Photocopy of the first page of the post office recurring deposit account passbook bearing account No.4007301948 standing in the name of Mr.R.

Exhibits Documents Ex.P30 Photocopy of the first page of the post office senior citizen savings account passbook bearing account No.4254294963 standing in the name of Mr.R.Ramanathan Ex.P31 Photocopy of the first page of the post office savings bank account passbook bearing account No.0000421041 standing in the name of Mr.R.Ramanathan Ex.P32 Photocopy of the first page of the post office monthly income scheme account passbook bearing account No.4007214293 standing in the name of Mr.R.Ramanathan Ex.P33 Photocopy of the first page of the post office Sukanya Samriddhi Yojana account passbook bearing account No.3028709702 standing in the name of Ms.R.Megasvana Ex.P34 Photocopy of the first page of the post office Sukanya Samriddhi Yojana account passbook bearing account No.3028712016 standing in the name of Ms.R.Meganna Ex.

P35 Photocopy of LIC bond bearing policy No.706316728 in the name of R.Megasvana Ex.P36 Photocopy of LIC bond bearing police No.706316729 in the name of R.Meganna Ex.P37 Photocopy of LIC bond bearing policy No.717391573 in the name of R.Meganna Ex.P38 Photocopy of LIC bond bearing policy No.717391572 in the name of R.Megasvana Ex.P39 Photocopy of the first page of the savings account passbook of Indian Overseas Bank bearing account No.044101000014984 standing in the name of Mr.R.Ramanathan Ex.P40 Photocopy of the first page of the savings account passbook of State Bank of India bearing account No.10792534752 standing in the name of Mr.R.Ramanathan Ex.P41 Photocopy of the letter dated 22.11.2018 from TNEB Worker's Benefit Society to Mr.R.Ramanathan Ex.P42 Petitioner's declaration of willingness.

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K.KUMARESH BABU,J.

pbn 19.04.2023 10/10