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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

MONDAY, THE 03rd DAY OF JANUARY 2021

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

O.P. No.494 of 2021

In the matter of Guardian and Wards

Act, 1890

and

In the matter of Minor Child

E.Yamini, aged about 12 years born

on 05.07.2009.

E.Latha

W/o.Late.Eliyas

No.2, P.V.Koil 1st Street,

Mylapore,

Chennai 600004.

.... Petitioner

Original Petition praying that this Hon'ble Court may be pleased:-

a) to appoint the petitioner as the Guardian of the person and property

of the minor namely E.Yamini.

b) To permit the petitioner to sell the minor's share in the petition

mentioned property to (1) Mrs.R.Malathi, W/o.Suresh and (2)

Mrs.V.Suganthi, W/o.A.Vijayakumar for Rs.65,00,000/- (Rupees Sixty Five

Lakhs only) and to execute the sale deed on behalf of the minor upon

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receiving the minor's share., i.e., a sum (*) Rs.3,61,111/- (Rupees Three

Lakhs Sixty One Thousand One Hundred and Eleven only)

C) To deposit of share of the sale proceeds i.e., a sum of (*)

Rs.3,61,111/- (Rupees Three Lakhs Sixty One Thousand One Hundred

and Eleven only) of the minor E.Yamini in any Nationalized Bank in the

name of the minor or as may be directed by the Court.

(*) (Prayer b & C amended as per order dated 18.11.2021 in Application

No.4131/2021)

This Original Petition coming on this day before this court for hearing

in the presence of M/s.S.Akila, advocate for the petitioner herein and upon

reading the petition together with the declaration of willingness of E.Latha,

the petitioner herein accepting the office of Guardianship of the person and

property of the minor above named filed herein and the other exhibits

therein referred to and upon perusing the evidence adduced therein,

it is ordered as follows:-

That E.Latha, the petitioner herein be and is hereby appointed as the

Guardian of the minor E.Yamini, and her property morefully setout in the

schedule hereunder during her minority or until further orders of this court.

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2. That the petitioner/Guardian appointed herein be and is hereby

permitted to sell the minor's share in the property morefully setout in the

schedule hereunder to (1) Mrs.R.Malathi, W/o.Suresh and (2)

Mrs.V.Suganthi, W/o.A.Vijayakumar for Rs.65,00,000/- (Rupees Sixty Five

Lakhs only) and to execute the sale deed on behalf of the minor upon

receiving the minor's share., i.e., a sum Rs.3,61,111/- (Rupees Three Lakhs

Sixty One Thousand One Hundred and Eleven only)

3. That on receipt of sale consideration the Petitioner/Guardian

appointed herein shall take a Demand Draft in the name of the minor

E.Yamini for a Sum of Rs.3,61,111/- (Rupees Three Lakhs Sixty One

Thousand One Hundred and Eleven only) and shall deposit the same with

the custody of the Registrar General of this Court and the Fixed Deposit

shall be renewed periodically by the petitioner till the minor attains

majority.

Schedule of Property

S.No.

Description of Property

Approximate

Value

Persons in

possession of the

property

1

All that piece and parcel of the

land and house bearing door

No.13, Plot No.10, land

measuring 800 sq.ft. and 1600

sq.ft.

building

theeon

comprised in Re-Survey

(*)

Rs.3,61,111/-

(Rupees Three

Lakhs

Sixty

One Thousand

One Hundred

Property

possessed by the

deceased (Grand

Father of the

Minor)

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S.No.

Description of Property

Approximate

Value

Persons in

possession of the

property

No.1012

(Part)

of

MylaporeVillage, situated at

3rd

Street,

Kailapuram,

Mylapore, Chennai 600004

and bounded on

North by - Plot No.7 belongs

to K.M.Arumugam

South by - Kailasapuram 3rd

Street,Plot No.43/1012

East by - Plot No.11 belongs to

Mrs.Neelavathiammal

West by - Plot No.9 belongs to

N.Ma