Shyam Malik vs State - 2023 Supreme(Del) 977

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 977

PRATHIBA M. SINGH
Shyam Malik – Appellant
Versus
State – Respondent

Advocates appeared:
Ms. Stuti Gupta, and Ms. Kirti Mewar, Advocates, for the Petitioner.
Mr. Anupam Srivastava, ASC for GNCTD with Ms. Sarita Pandey, Advocate for R-1.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by Mr. Shyam Malik, son of Late Mr. Roshan Lal Malik, who had four children, namely, the Petitioner - Mr. Shyam Malik, Mr. Deshbandhu Malik, Mrs. Vinod Sabharwal and Mrs. Kanchan Suri. The case of the Petitioner is that his father was the owner of the property bearing no. A- 319, measuring 217 sq. yds., situated at Defence Colony, New Delhi-110024 (hereinafter 'subject property'). Mr. Deshbandhu Malik, the brother of the Petitioner is stated to be mentally incapacitated and since his birth, he has various mental and physical disabilities.

3. The father of the Petitioner had passed away intestate on 24th October, 2007 leaving behind his wife - Late Mrs. Swaraj Kumari and his four children. The Petitioner was appointed as a guardian of his brother under Sections 52 and 53 of the Mental Health Act, 1987. The Petitioner has approached this Court in order to be able to enter into a collaboration agreement in respect of the subject property and execute the same on behalf of his brother.

4. Ld. counsel for the Petitioner submits that vide order dated 31st Marc