Parents may be appointed as guardians of minors to manage property, provided they demonstrate entitlement and necessity for the minors' welfare.

ORDER

By this petition, the parents and natural guardian of the minor children, Ahwaz Farheen and Safa Sadia, seek to appoint them as the guardian of the Minor Children and permission to deal with the minor’s share of the property.

The petitioners are the father and mother of the minor children.

2. The petitioners assert that the subject property was purchased by the grandfather of the minor children and father of the petitioner. The grandfather had settled the subject property in favour of his grandchildren along with land and building to an extent of 1511 sq.ft. vide document No.1006 of 2014 dated 10.03.2024. Further, the larger extent of the land which is adjoined with the subject property was proposed to be sold along with the subject land. The said larger extent originally belonged to Mrs.Akthar Jan, the grandmother of the petitioner. After her demise, it was devolved upon his legal heirs including the father of the petitioner. The legal heirs of Mrs.Akthar Jan along with minor children represented by their parents entered into Agreement of sale on 29.02.2024 for a sale consideration of Rs.80,00,000/-. From the said sale consideration a sum of Rs. 47,12,112/- is fixed as minor children share. In order to meet the minors’ studies and also future expenses, it is required to sell the properties mentioned in the petition schedule. Hence, it is necessary to appoint the petitioners as guardians of the minor children and permit them to sell the shares of the Minor children for their benefit.

3. In order to establish entitlement to the relief claimed, the first petitioner adduced evidence by examining himself as PW1. In the course of the examination in chief as PW1, 19 documents listed at the foot of this order were exhibited as Ex.P1 to Ex.P19. The birth certificates of the Minor Children have been marked as Ex.P13 and Ex.P14, discloses children born on 21.03.2008 and 18.03.2009. The photocopy of the settlement deed dated 10.03.2014 as Ex.P4, shows that the subject property was settled in favour of the minor children by their grandfather. The agreement of sale as Ex.P9. The photocopy of the Aadhar cards of the petitioners as Ex.P18 and Ex.P19. A perusal of Ex.P13, Ex.P14 and Ex.P18 shows that the first petitioner is the father of the minor children. A perusal of Ex.P18 and Ex.P19 shows that the second petitioner is the wife of the first petitioner. The proposed purchaser has been examined as PW1 and deposed that the agreement of sale was entered and confirmed the share of the minor children.

4. The assertions in the petition have been duly proved by adducing oral evidence supported by documents. In these circumstances, the petitioners are is entitled to the relief.

5. Based on the evidence adduced by the petitioners, the petitioners are entitled to the relief claimed on the following terms:

(i) The petitioners are appointed as Guardian of the person and property of the minor children.

(ii) The petitioners are to sell, convey and transfer their undivided shares in the property to an extent of 890 sq.ft. more fully described in the schedule to the petition as per Sale agreement dated 29.02.2024 in favour of Mr.K.R.Sathar Khan.

(iii) The sale proceeds to the share of the minor children to a tune of Rs.47,12,112/- shall be deposited in a fixed deposit of any Nationalised Bank which shall be renewed periodically till they attain the age of majority.

(iv) File before this Court the accounts as regards to the transaction pursuant to this order and produce the copy of the fixed deposit receipts within six months before the Assistant Registrar (Original Side-II) of this Court.

16.07.2025 kak Index :Yes/No Petitioner's witness:

P.W.1 – Mr.Irfan Ahmed P.W.2 – Mr.K.R.Sathar Khan Documents exhibited by the petitioners: