O.P.No.88 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2023

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA

O.P.No.88 of 2023

R.Safna

... Petitioner

Original Petition is filed under Section 9 and 10 & 29 of the Guardians

and Wards Act, 1890 read with Order XXI Rule 2 & 3 of Original Side Rules,

to appoint the petitioner as guardian of the person and property of minors and

to grant permission to sell the shares of the petitioners minor children (i)

R.Mohammed Rafiq and R.Rehana Sherin in favour of Mrs.Shameema,

daughter of Late.Usman and wife of Mr.Ali Mohammed residing at 32/19, 2nd

Lane, Shastri Nagar, Adayar, Chennai-600 020 by of a Registered Sale deed to

be executed at the office of the Sub-Registrar, Adyar, Chennai-600 020 for a

total sale consideration of Rs.51,00,000/- (Rupees Fifty One Lakhs only) and to

settle their respective 1/3rd shares of the minors in the property purchased

from.

For Petitioner : Mr.J.Ashok

ORDER

This Original Petition has been filed under Section 9 and 10 & 29 of the

Guardians and Wards Act, 1890 read with Order XXI Rule 2 & 3 of Original

Side Rules, to appoint the petitioner as guardian of the person and property of

minors and to grant permission to sell the shares of the petitioners minor

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O.P.No.88 of 2023

children (i) R.Mohammed Rafiq and R.Rehana Sherin in favour of

Mrs.Shameema, daughter of Late.Usman and wife of Mr.Ali Mohammed

residing at 32/19, 2nd Lane, Shastri Nagar, Adayar, Chennai-600 020 by of a

Registered Sale deed to be executed at the office of the Sub-Registrar, Adyar,

Chennai-600 020 for a total sale consideration of Rs.51,00,000/- (Rupees Fifty

One Lakhs only) and to settle their respective 1/3rd shares of the minors in the

property purchased from.

2.The averments in the petition are as follows:-

The petition mentioned property was originally belonged to the husband

of the petitioner by name U.Rahim who died on 09.11.2020 by leaving behind

his wife and two daughters as his legal heirs. Subsequent to the death of

Rahim, his wife and children are entitled to inherit his assets. The parents of

Rahim also predeceased him. The petitioner who is the wife of Rahim had filed

this petition seeking permission to sell the petition mentioned property which is

inclusive of shares of her minor children. During the pendency of proceedings

one of the minor children who is the son of the petitioner, had attained majority

and now the petition remains good only in respect of the other minor daughter

by name R.Rehana Sherin. Since the petitioner wishes to settle at her native

place, subsequent to the death of her husband due to her family commitments

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O.P.No.88 of 2023

and in the interest of her children, the petitioner seeks permission to sell the

property by appointing her as the guardian of the person and property of the

minor children. It is further submitted that her son has also become major.

3. The petitioner examined herself as P.W.1 and Exs.P1 to P18 were

marked.

4. From Ex.P3 birth certificate of Rehana Sherin, it is seen that she was

born to the petitioner and her husband Rahim. From Exs.P2 and P8 it is seen

that the parents of Rahim predeceased him. The petitioner had stated that the

value of the property is Rs.51,00,000/- and the sale consideration in respect of

the minor's share will be deposited in a fixed deposit opened in the minor child

until she becomes major. She further stated that the amount received by the

proposed purchaser has been invested in constructing a house in the interest of

the children.

5. It is submitted by the learned counsel for the petitioner that as per the

Mohammeden Law, the wife of the deceased will be entitled to 1/6^th share if

the deceased had a son or a daughter. The son of the deceased will get 2 shares

and the daughter will get one share as residuaries. So the son would ge