CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE Present:

THE HON’BLE JUSTICE HARISH TANDON &

THE HON’BLE JUSTICE APURBA SINHA RAY FMAT 17 of 2024 Saheli Talukdar Vs.

Debadrita Dutta Joardar (Ghosh)

Appearance:

For the Petitioner : Mr. Saptarshi Banik, Adv.

Mr. Ratan Banik, Adv.

For the Respondent : Mr. Shankar Sarkar, Adv.

Judgment On : 13.03.2025 Harish Tandon, J.:

The instant appeal arises from a judgment and order dated 13th August, 2024 passed in Act VIII case no. 7 of 2024 whereby and whereunder the Misc. Case filed by the appellant under Section 8 of the Hindu Minority and Guardianship Act, 1956 was dismissed.

The appellant is the mother and natural guardian of a minor daughter and applied for a permission to dispose of the minor daughter’s undivided proportionate share inherited by her from her father. Arun Kumar Dutta Joardar was an absolute and exclusive owner of all that the piece and parcel of the plot of land measuring 0.063 acres together with two storied residential structure recorded in RS Plot no. 2213, RS Khatian no. 4845, J.L No.110 (88), Touzi No. 3(Ja), Pargana- Baikunthapur situated at Mouza- Siliguri, Hakimpara within Ward No. XII of Siliguri Municipal Corporation. The said owner namely, Arun Kumar Dutta Joardar died intested leaving behind him surviving his widow Anjali Dutta Joardar, his daughter Smt. Debadrita Dutta Joardar and son namely, Anirban Dutta Joardar who inherited his estate to the extent of 1/3rd share each. The daughter namely, Smt. Debadrita Dutta Joardar transferred her undivided 1/3rd share in respect of the said property in favour of her brother namely, Anirban Dutta Joardar by executing and registering a deed of gift dated 14.01.2021. By virtue of the same the said son, the husband of the present appellant acquired 2/3rd share in respect of the said property and the another 1/3rd share remained with his mother. The husband of the appellant namely, Anirban Dutta Joardar died intested on 03.11.2022 leaving behind him surviving his mother, the appellant (widow) and a minor daughter Ms. Ritabhori Dutta Joardar who inherited his share in equal proportion. Subsequently, the mother-in-law of appellant died on 02.12.2022 leaving behind her surviving the married daughter i.e. Debadrita Dutta Joardar one daughter-in-law Smt. Saheli Talukdar and the minor daughter being the grandchild who inherited her share in equal proportion. It is a specific case of the appellant in the said application that after the death of her husband she is residing with the minor daughter in her parental house and is looked after by her brother who provides the financial assistance. It is further stated that the brother of the appellant was also taking care of the fooding, education and clothing of the appellant as well as the minor daughter as the appellant being the sister. Subsequently, the said brother felt inconvenience in providing the financial assistance as it becomes a burdensome on him and the appellant being a homemaker having no independent source of income is facing difficulty in meeting the day to day need as well as education of the minor daughter who is studying in a reputed school. The appellant further narrated the minimum expenditure which is required to be incurred for the education and proper guidance of a minor apart from the other daily needs. It is a stated in the said application that in the event the undivided proportionate share of the daughter is allowed to be sold, the consideration amount would be sufficient enough to meet the needs of the minor daughter and applied for a permission before the Court.

It is pertinent to note that the sister-in-law of the appellant, who is having an undivided share in respect of the said property along with the appellant and her minor daughter, filed “No Objection” before the Court. The Court after taking evidence proceeded to reject the said application solely on the ground that the appellant having an undivided share in the said property may s