JUDGMENT :

ABDUL QUDDHOSE, J.

Prayer: Original Petition filed under Section 8(2)(A) of The Hindu Minority and Guardianship Act, 1956 read with Under Order XXI Rule 2 and 3 of O.S. Rules, praying that (i) petitioner may be permitted to sell the schedule mentioned property on behalf of the minor namely S. Siva Ganesh and (ii) petitioner may be permitted to deposit the minor’s share remaining amount of the sale proceeds i.e. Rs. 1,26,251/- (Rupees One Lakh Twenty Six Thousand Two Hundred Fifty One Only) into a nationalized bank for and on behalf of minor namely S. Siva Ganesh and the petitioner as a mother and natural guardian to receive the interest from the deposit of the uplift and livelihood of the minor.

1. This Original Petition has been filed under Section 8(2)(A) of The Hindu Minority and Guardianship Act, 1956 read with Under Order XXI Rule 2 and 3 of O.S. Rules seeking permission of this Court to sell the share of the minor S. Siva Ganesh in the petition schedule property.

2. The petitioner is the mother of the minor S. Siva Ganesh, who was born on 02.10.2017. The petitioner’s husband, P. Saravanan was the owner of the petition schedule property. He died on 28.05.2020, after having been infected with corona. He purchased the property on 15.07.2019 under a sale deed, registered as Document No. 11386 of 2019. The deceased P. Saravanan, left behind his mother Murugammal and his wife/the petitioner herein and his Minor Son S. Siva Ganesh as his only legal heirs. The deceased P. Saravanan had also mortgaged the petition schedule property with M/s. Housing Finance Corporation Limited (HDFC) Bank and availed a housing loan on 09.07.2019. As seen from the petition, a sum of Rs. 15,47,498/- is due and payable to the Bank towards the housing loan. In the petition filed seeking permission to sell the minor’s share, the petitioner has stated that she is a house wife and she has to take care of herself as well as her minor child and is need of money for expenses. She has also stated that without selling the petition schedule property, she cannot maintain herself as well as her minor son. After the death of the petitioner’s mother-in-law, Murugammal on 11.10.2020, the petitioner and her minor son S. Siva Ganesh became entitled to 50% share each in the petition schedule property. In the petition filed seeking permission to sell the minor’s share, the petitioner has also stated that after payment of the mortgage dues to the Bank, the petitioner is willing to deposit the minor’s share before this Court as directed by this Court.

3. Before the learned Master, the following documents were marked as Exhibits on the side of the petitioner.