OP.No.246 of 2020

KRISHNAN RAMASAMY, J.

This petition has been filed under Sections 3 and 7 to 10 and 29

of the Guardians and Wards Act, 1980 read with Order XXI Rule 2 and

3 of Original Side Rules, seeking the following reliefs:

(a) to declare the petitioner herein as the guardian of the person

and property of minor son A.Umar Mukthar, aged about 13 years and 7

months born on 07.07.2006;

(b) to grant permission to sell the share of the above named minor

along with that of the petitioner in the property described in the schedule

thereto to the persons who have entered into an agreement with the

petitioner in respect there of for the price agreed upon; and

(c) to give directions to the petitioner as to deposit the sale

proceeds of her minor son's share proportionally entitled to in any

Nationalized Bank situated in the City of Chennai to lie until the

attainment of majority by the minor and to enable the petitioner herein to

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receive the interest accruing thereon once in three months so that the

same could be utilized for bringing up of and education of the minor.

2. According to the petitioner, the petitioner's husband namely

Late R.Ansar, died intestate at Chennai on 08.02.2011, leaving behind

the following legal heirs:

(a) Mrs.A.Shakila, the petitioner Wife

(b) Minor A.Umar Mukthar Son

(c) Mrs.Dowlath Bee Mother

The father -in-law and the mother-in-law of the petitioner also passed

away. Now, the legal heirs of the deceased R.Ansar are Mrs.A.Shakila,

the petitioner herein and her minor son viz., A.Umar Mukthar. In terms

of Mohammedan Law, minor A.Umar Mukthar is entitled to 50% share

in his father's property.

3.According to the petitioner, the value of the property would be

around Rs.30 lakhs. The petitioner, who is the mother of the minor filed

the present petition stating that she is the house wife and she has no

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other earnings. She is supported by her family members for leading her

life and she needs money for the higher education of her son. At present,

her son is aged about 16 years and he is studying 12^th standard now and

hence, the plaintiff needs money for the higher studies of her son.

Therefore, the situation arose to sell the property. So far, no guardian

has been appointed and since she being the mother, has made a plea that

she is the natural guardian of her minor, son A.Umar Mukthar.

The petitioner seeks permission to sell half share of the property to which

his minor is entitled to along with her share in terms of an unregistered

Sale Agreement dated 24.09.2019 entered by her with the proposed

buyer, wherein, the total sale consideration has been mentioned as

Rs.70,00,000/- out of which, the minor A.Umar Mukthar is entitled for

a sum of Rs.35,00,000/-. In this regard, the plaintiff has also filed a

downloaded copy of the guideline value of the said property, which was

marked as Ex.P10.

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4.The petitioner, who examined herself as P.W.1, reiterated the

averments made in the petition and filed the following documents viz.,

Exs.P1 to P15:

Ex.P1 is the computer generated Birth Certificate of A.Umar

Mukthar.

Ex.P2 is the computer generated Death Certificate of R.Ansar.

Ex.P3 is the photocopy of the Legal Heirship Certificate of

R.Ansar(Original is not produced. Counsel for the petitioner insisted for

marking of the photocopy of this document. Admissibility and

evidentiary value of this document will be decided later)

Ex.P4 is the computer generated Death certificate of Dowlath Bee.

Ex.P5 is the photocopy of the registered Settlement Deed dated

10.04.2008(Compared with the original).

Ex.P6 is the affidavit given by Mr.R.Rasool.

Ex.P7 is the photocopy of the bonafide certificate dated

26.11.2019 issued by Daniel Thomas Matric