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Madras High CourtOP/1199/2018allowed

Divya Krishnasayee v. No Respondent

2019-02-07Honourable Mr Justice R. Subramanian4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 07TH DAY OF FEBRUARY 2019 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN O.P.No.1199 of 2018 In the matter of Guardian & Wards Act, 1890 And In the matter of Minor Children Master Vashav Krishna & Master Kashyap Krishna Mrs.Divya Krishnasayee No.12, 2nd Street, Bakthavachalam Colony, Vadapalani, Chennai 600 026.

..Petitioner Original Petition praying that this Hon'ble Court may be pleased to:

A) that the said Mrs.Divya Krishnasayee/Petitioner may be appointed as the guardian of the person and properties of the above named Minors Master Vashav Krishna and Master Kashyap Krishna.

(b) that the petitioner may be permitted to apply for the probate/letter of Administration on behalf of the minors and to get grant of the same, on behalf of minors for the 1st and 2nd Scheduled properties.

(C) that the petitioner may be allowed execute a partition deed with other 1st class legal heirs or duly claim the rights of the minors share through appropriate court for the 3rd schedule property.

This Original Petition coming on this day before this court for hearing in the presence of Mr.R.Ilanchizhian, Advocate for the petitioner herein and upon reading the petition together with the declaration of willingness of

Divya Krishnasayee, the petitioner herein accepting the office of Guardianship of the person and properties of the minor above named filed herein, and the other exhibits therein referred to and upon perusing the evidence adduced therein, It is ordered as follows:- That Mrs.Divya Krishnasayee, the petitioner herein be and is hereby appointed as the Guardian of the minor viz., Vashav Krishna and Kashyap Krishna.

2. That the petitioner/Guardian appointed herein be and is hereby permitted to apply for the probate/letter of Administration on behalf of the minors and to get grant of the same, on behalf of minors for the properties more fully set out in the schedule 1 and 2 hereunder.

3. That the petitioner/Guardian appointed herein, shall execute a partition deed with other 1st class legal heirs or duly claim the rights of the minors share through appropriate court for the property more fully set out in the schedule (Sl.No.3 only) hereunder.

SCHEDULE OF THE PROPERTIES S.

No.

Description of property Approximate Value Person in Possession of the Property House on Ground premises bearing Old Door.12, New no.13, Bakthavachalam Colony, 2nd Street, Vadapalani Chennai - 26, comprises in Patta No.8, Paimash No.408, Block No.2, T.S.No.46 Part and 47 Part of Pulliyur Village, Egmore - Nungambakkam Taluk, Chennai District measuring 4888 sq.ft Rs.1,74,00,000/- 2/3rd Minors Share Rs.1,16,00,000/- Petitioners Mrs.Divya Krishnasayee and the Minors

S.

No.

Description of property Approximate Value Person in Possession of the Property All the piece and parcel of vacant land situated on the Northern Row of Old Door No.12. New No.13, Bakthavachalam Colony, 2nd street, Vadapalani Chennai - 26, comprises in Patta No.8, Paimash No.408, Block No.2, T.S.No.46 Part and 47 Part of Puliyur Village, Egmore - Nungambakkam Taluk, Chennai district measuring 2457 sq.ft.

Rs.87,00,000/- 2/3rd Minors Share Rs.58,00,000/- Petitioners Mrs.Divya Krishnasayee and the Minors The 1/4th share in Vacant land situated at Old Door,12, New No.13, Bakthavachalam Colony, 2nd street, Vadapalani, Chennai 26, comprises in Patta No.8, Paimash No.408, Block No.2, T.S.No.46 Part and 47 Part of Pulliyur Village, Egmore-Nungambakkam Taluk, Chennai District, measuring Total Extent of 6149 sq.ft Rs.54,00,000/- 2/3rd Minors share Rs.36,00,000/- Petitioner Mrs.Divya Krishnasayee and the Minors WITNESS THE HON'BLE SHRIMATI.VIJAYA KAMLESH TAHILRAMANI, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 07th DAY OF FEBRUARY 2019. Sd./- ASSISTANT REGISTRAR(O.S.II) //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

sk 18.02.2019 O.P.No.1199 of 2018 ORDER:- DATED:07.02.2019 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN FOR APPROVAL: 19.02.2019 APPROVED ON : 19.02.2019