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2022 Supreme(Mad) 189
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J.
M. Deepa - Appellant
Versus
Nil - Respondent
O.P. No. 679 of 2021
Decided On : 31-01-2022
Headnote:
Hindu Minority and Guardianship Act, 1956 - Section 8 (2) - Agreement of Sale - Petition schedule property was originally owned and after his death, his wife, and his three sons viz., who are his only legal heirs, became absolute owners of petition schedule property – Held, Court permits petitioner to sell the minor share in petition schedule property for a sale consideration to wife, as per Agreement of Sale, marked - On receipt of said sale consideration, petitioner shall take a Fixed Deposit for the said sum in name of minor in Indian Bank, Madras High Court Branch, Chennai and handover same to Registrar General of this Court, who shall keep the same in safe custody, until further orders of this Court - Petitioner shall initially take the Fixed Deposit for a period of six months and she shall renew the same periodically for a further period, until further orders of this Court – Petition allowed.
JUDGMENT :
1. This petition has been filed under Section 8 (2) of the Hindu Minority and Guardianship Act, 1956 read with Order XXI Rule 2 and 3 of the Original Side Rules, seeking permission of this Court to sell the minor M.Vaishnavi’s share in the petition schedule property.
2. According to the petitioner, the petition schedule property was originally owned by J.Kannappan and after his death on 28.06.1987, his wife, viz., K.Saraswathi and his three sons viz., K.Balasubramaniam, K.Magesh and K.Mohankumar, who are his only legal heirs, became the absolute owners of the petition schedule property.
3. The petitioner is the wife of K.Mohankumar, the son of J.Kannappan. K.Mohankumar died on 08.03.2021 leaving behind the petitioner, his two daughters, viz., M.Abirami and M.Vaishnavi and his mother K.Saraswathi, as his only legal heirs.
M.Vaishnavi is a minor.
4. The petitioner, who is the mother of M.Abirami and M.Vaishnavi and the wife of late K.Mohankumar, has now entered into an Agreement of Sale of their share in the petition schedule property on 14.09.2021 with K.Saraswathi, who is the mother-in-law of the petitioner and the mother of the deceased K.Mohankumar. Under the Agreement of Sale dated 14.09.2021, the petitioner and her children have agreed to sell their share in the petition schedule property to K.Saraswathi for a total sale consideration of Rs.75,00,000/- (Rupees Seventy Five Lakhs Only) and the minor, M.Vaishnavi’s share out of the same will be Rs.18,75,000/- (Rupees Eighteen Lakhs Seventy Five Thousand Only). The petitioner and her minor children, M.Abirami and M.Vaishnavi and K.Saraswathi, the mother of the deceased K.Mohankumar, became entitled to 1/4th undivided share in the petition schedule property, subsequent to the death of K.Mohankumar. M.Abirami, the daughter of the petitioner is a major and the petitioner is seeking permission of this Court to sell the share of M.Vaishnavi, who is the minor.
5. Before the learned Master, the petitioner M.Deepa was examined as a witness (P.W.1). In her deposition, she has reiterated the contents of the petition filed in support of O.P. No.679 of 2021. Through P.W.1, the following documents were marked as Exhibits:-
| Exhibits | Nature of the document |
| Ex.P1 | Photocopy of petitioner’s Aadhaar Card bearing No.7736 4111 2966. |
| Ex.P2 | Computer generated birth certificate of minor M.Vaishnavi, who born on 08.09.2004. |
| Ex.P3 | Photocopy of the Aadhaar card of minor M.Vaishnavi, bearing No.2014 6963 6564. |
| Ex.P4 | Computer generated death certificate of K.Mohankumar, who died on 08.03.2021. |
| Ex.P5 | Computer generated Legal Heirship certificate dated 04.08.2021 in respect of K.Mohankumar. |
| Ex.P6 | Photocopy of the Identity Card of minor M.Vaishnavi given by St.Columbans AI HS, Chennai. |
| Ex.P7 | Photocopy of the death certificate of J.Kannappan, who died on 28.06.1987. |
| Ex.P8 | Photocopy of the Legal Heirship certificate dated 27.07.2001 in respective of J.Kannappan. |
| Ex.P9 | Original Agreement of Sale dated 14.09.2021 in favour of K.Saraswathi. |
| Ex.P10 | Copy of paper publication effected in one issue of English daily viz., “The New Indian Express” dated 16.11.2021. |
| Ex.P11 | Petitioner’s declaration of willingness to accept the office of the guardian of the person and property of minor M.Vaishnavi. |
6. As seen from the evidence available on record, the petition schedule property was originally owned by J.Kannappan, he having purchased the same under a Sale Deed dated 27.04.1977. A xerox copy of the Sale Deed has been filed along with the petition filed in support of O.P. No.679 of 2021. J.Kannappan died on 28.06.1987, as evidenced from his death certificate, which has been marked as Ex.P7. J.Kannappan died leaving behind K.Saraswathi, his wife and his three sons viz., K.Balasubramaniam, K.Magesh and
