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2011 Supreme(Ker) 875

THOTTATHIL B.RADHAKRISHNAN, K.SURENDRA MOHAN
Jince Mary Johns, Kochi – Appellant
Versus
K. P. Johny, Ernakulam Dist. – Respondent


Advocates Appeared:
For the Appellant:V. Chitambaresh, Advocate, S. Ananthakrishan, Sr. Advocate.
For the Respondents: R1 to R2 - T.C. Suresh Menon for Addl.

Judgment :

THOTTATHIL B. RADHAKRISHNAN, J.

1. Mathukutty had 38 cents of land. On his death, that devolved on his two children, including Eldho Suresh Mathew, who died on 1.6.1996 leaving behind his widow and an infant. The widow cared for and brought up that son, Tharun. In 2005, M/s. Carmelites of Mary Immaculate Congregation, a charitable religious institution, purchased a large extent of property, including the aforesaid property which originally belonged to Mathukutty. By succession, minor Tharun had 2/3rd of the ½ share of his late father in that property. Tharun’s mother represented him in that sale and invested the child’s share in Life Insurance Corporation of India and Shriram Investment Ltd. She also purchased 6.5 cents of land with a residential building in Thrikkakara Panchayat utilizing the sale consideration. It appears that thereafter, the vendees wanted her to clear any cloud on the transaction on account of the minority of Tharun. The mother, therefore, filed original petition under Section 7 and an application for relief under Section 29 of the guardians and Wards Act, 1890, hereinafter, the ‘G & W Act’, for short. She applied that she be declared the guardian an


















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