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2022 Supreme(Online)(Mad) 71853
MADRAS HIGH COURT
Honourable Mr Justice ABDUL QUDDHOSE
R.Menaka – Appellant
Versus
Nil – Respondent
OP/497/2021
The court has the authority to grant permission to sell a minor's property if it is in the best interests of the minor.
Headnote:
GUARDIANSHIP - SALE OF MINOR'S PROPERTY - PERMISSION GRANTED - SUMMARY
Fact of the Case:
The petitioner, mother of two minors, filed a petition under the Guardians and Wards Act, 1890, seeking permission to sell the minors' share in a property. The minors were entitled to shares in the property after the death of their great-grandfather. The owners of the property had entered into a sale agreement for Rs. 65,00,000/-, and the minors' share would be Rs. 48,148/- each.
Finding of the Court:
The court examined the evidence, including the sale agreement, valuation report, and legal heirship certificates. It found that the sale consideration was in accordance with the market value of the property and that the sale was in the best interests of the minors.
Issues: Whether the court should grant permission to sell the minors' share in the property.
Ratio Decidendi: The court held that the sale of the minors' share in the property was a legal necessity and in their best interests. The court considered the dilapidated condition of the property, the difficulty in managing it with multiple co-owners, and the potential benefits of using the sale proceeds for the minors' welfare.
Final Decision: The court granted permission to the petitioner to sell the minors' share in the property. The sale consideration payable to each minor was to be kept in a fixed deposit in their name until they attained majority.
ABDUL QUDDHOSE,J., This petition has been filed under the Guardians and Wards Act, 1890 seeking for permission to sell the share of the minors viz., R.Harini and R.Yothika in the petition schedule mentioned property.
2. The mother of the Minors R.Harini and R.Yothika has filed this petition. According to the petitioner, the minors viz., R.Harini and R.Yothika are entitled to shares in the petition schedule mentioned property. The owners of the petition schedule mentioned property have entered into sale agreement dated 14.03.2021 and as per the said sale agreement, the total sale consideration is Rs.65,00,000/-(Rupees Sixty five lakhs ) and minors R.Harini and R.Yothika share will be Rs48,148/-(Rupees Forty Eight thousand one hundred forty eight only) each.
3. Before the learned Master, the petitioner, who is the mother of the minors R.Harini, born on 28.08.2007 and R.Yothika born on 03.01.2011, was examined as a witness (P.W.1). She reiterated the contents of the petition filed in support of O.P.No.497 of 2021 and the following documents were marked as Exhibits on the side of the petitioner.
Exhibits
Nature of the document
Ex.P-1
Photocopy of the birth certificate of R.Harini, who was born on 27.08.2008.
Ex.P-2
Photocopy of the Aadhar Card of R.Harini bearing No.25188 6275 0047.
Ex.P-3
Computer generated birth certificate of R.Yothika, who was born on 03.01.2011.
Ex.P-4
Photocopy of the Aadhaar Card of Yothika, bearing No.4582 5065 6609.
Ex.P-5
Photocopy of the Sale Deed dated 03.03.1989 executed in favour of Susinathan.
Ex.P-6
Photocopy of the Burial Ground Report of C.Susainathan who died on 26.05.1994.
Ex.P.7
Photocopy of the Legal Heirship Certificate dated 23.09.2021 in respect of Susainathan
Ex.P.8
Photocopy of Burial Ground Report of Mrs.S.Regina Mary, who died on 13.11.2017.
Ex.P.9
Computer generated death certificate of S.Eliyas, who died on 18.01.2015.
Ex.P.10
Computer generated death certificate of Ramani Bernadath, who died on 25.06.2013.
Ex.P.11
Computer generated Legal Heirship Certificate dated 30.06.2018 in respect of Ramani Bernadath.
Ex.P.12
Computer generated Death Certificate of V.Reego, who died on 06.08.2019.
Ex.P.13
Computer generated Legal Heirship Certificate dated 22.11.2019 in respect of Reego.
Ex.P.14
Photocopy of the Sale Agreement dated 14.03.2021.
Exhibits
Nature of the document
Ex.P.15
Genealogy.
Ex.P.16
Photocopy of the petitioner's Aadhar Card bearing No.6958 5737 5584
Ex.P.17
Computer generated Encumbrance Certificate dated 02.02.2021
Ex.P.18
Declaration of Willingness
Ex.P.19
Computer generated death certificate of S.Regina Mary, who died on 13.11.2017.
Ex.P.20
Original Valuation Report dated 04.12.2021
Ex.P.21
Genealogy Chart and shares
4. As seen from the evidence available on record, Mr.V.Reego, the father of the minors R.Harini and R.Yothika died on 06.08.2019. The Sale deed dated 03.03.1989 has been marked as Ex.P5, which discloses that Mr.Susainathan, who is the great grand father of the Minors R.Harini and R.Yothika, was the original owner of the petition schedule mentioned property and after the death of Mr.C.Susainathan(the great grand father of Minors R.Harini and R.Yothika), the minors R.Harini and R.Yothika were entitled to shares in the petition schedule mentioned property. The owners of the petition schedule mentioned property have entered into sale agreement on 14.03.2021 which has been marked as ExP.14. Under the said sale agreement, the total sale consideration for the petition schedule mentioned property is Rs.65,00,000/-
(Rupees Sixty Five Lakhs only). A Valuation Report dated 04.12.2021 has been marked as Ex.P.20. As seen from the Valuation Report, the guideline value of the petition schedule mentioned property is Rs.16,08,000/-(Rupees Sixteen Lakhs Eight thousand only); the market value of the property is Rs.68,0
