Suchit Ashwin Doshi v. Stuti Suchit Doshi (Minor)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TRUSHA TUSHAR MOHITE ORDINARY ORIGINAL CIVIL JURISDICTION TRUSHA TUSHAR MOHITE Date: 2025.10.03 12:34:18 +0530 GUARDIANSHIP PETITION (L) NO. 19094 OF 2025 Suchit Ashwin Doshi .. Petitioner
Versus
Stuti SuchitDoshi (Minor) .. Respondents Adv. Tushar Gujjar a/w Adv. Deepak Singh & Adv. Ameya Tawde i/b J.R. Vakil & Associates for the Petitioner.
CORAM:
FIRDOSH P. POONIWALLA, J.
DATE:
SEPTEMBER 9, 2025 P. C.
1.
The Petitioner has filed the present Guardianship Petition seeking the following reliefs :
(a) that Notice u/s. 11 of the Guardians and Wards Act, 1890 may kindly be dispensed with:
(b) that the Petitioner being the father of the said minor, Miss Stuti Suchit Doshi, may kindly be appointed as a Guardian of the persons and property of the said minor without any remuneration:
(c) that the Petitioner may kindly be permitted to convey, alienate and/or transfer the minor's share in the said property and receive an amount of Rs.43,75,000/- (Forty Three Lakh Seventy Five Thousand Only) from JP Infra Townships Pvt Ltd and deposit the amount in the Account No. 50100189541737 and held by Kum Stuti. Doshi U/G Suchit Ashwin Doshi in HDFC Bank Ltd., Chowpatty branch. Mumbai and also execute all or any documents including the Deed of Conveyance and/or any other documents in relation to the said property on behalf of the minor;
(d) For such other and further orders and reliefs as the Hon'ble Court deems fit and proper.
2.
The Petitioner is the father of the minor, Stuti Suchit Doshi. The mother of the minor, Ami Suchit Doshi, passed away on 22nd August, 2023. The date of birth of the minor is 15th September, 2008. 3.
The Petitioner is the natural guardian of the minor daughter. The minor daughter has completed 10th grade and is currently preparing for the Common Entrance Test (CET) and is desirous of pursuing higher education.
4.
The Petitioner is looking after and maintaining the said minor. The minor has been residing with the Petitioner since she was born in the year 2008. The Petitioner is a physically fit and mentally sound person. 5.
It is the case of the Petitioner that he is desirous of being appointed as a natural guardian of the minor daughter. The Petitioner states that he has no other interest in the share of the minor daughter directly adverse to that of the minor daughter except for maintenance, education and upkeepment of the minor daughter.
6.
It is further the case of the Petitioner that the minor's deceased mother had a share in a property which was undivided land bearing CTS No. 1283 situated at Village Versova, Taluka Andheri within the Registration District and Sub District of Mumbai Suburban alongwith the building standing thereon known as "New Alpha". The share of the deceased mother which now devolves upon the minor is 3.125% of the share in the said property.
7.
It is the case of the Petitioner that an Agreement for Sale dated 9th May, 2025 has been executed for the purpose of transferring and selling all the rights of the minor along with the rights of one Mrs. Meena Paresh Mehta and the Petitioner, in favour of JP Infra Townships Pvt. Ltd., with New Alpha Co-operative Housing Society as the Confirming Party. 8.
The Petitioner seeks to be appointed as the guardian of the minor daughter for the purpose of completing the aforesaid transaction, including accepting the sale consideration and executing the deed of conveyance and all related documents necessary for effectively transferring all the right, title and interest of the minor in favour of J.P Infra Townships Pvt. Ltd.
9.
As per the Agreement for Sale attached to the Petition, the sale consideration attributable to the minor's share is Rs. 43,75,000/-. 10.
In these circumstances, the Petitioner seeks the reliefs which are sought in the present Petition.
11.
As far as the relief sought regarding dispensing of notice under Section 11 of the Guardians and Wards Act, 1890 is concerned, in my view, since the Petitioner himself is the father of the minor, the said notice can be dispensed with.
12.
Further, the Petitioner is the father of the minor, and being the closest relative of the minor, is the most suitable person for being appointed as the guardian as sought in the present Petition.
13.
As far as the transaction regarding sale of the property and receiving of the amount of Rs. 43,75,000/- is concerned, in my view, since the minor owns only a 3.125% share in the said property, the sale consideration of Rs.43,75,000/- is appropriate. Further, the Petitioner has stated that the said sale consideration would be used only for the purpose of the minor. Therefore, in my view, granting the reliefs sought and allowing the Petitioner to execute the sale deed on behalf of the minor and receive the amount of Rs.43,75,000/- would be beneficial to the minor daughter. 14.
For all the aforesaid reasons, the Petition is allowed in terms of prayers (a), (b) and (c) which have already been set out herein above. 15.
In addition, the Petitioner furnishes an undertaking to this Court that the said amount of Rs. 43,75,000/- will be deposited in the bank account of the minor, being Account No. 50100189541737 in HDFC Bank Ltd., Chowpatty Branch, Mumbai, and shall not be used till the minor becomes 18 years of age. The said undertaking is accepted by the Court. 16.
The Guardianship Petition is disposed of in the aforesaid terms. 17.
There shall be no order as to costs.
[FIRDOSH P. POONIWALLA, J.]