IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice P. DHANABAL
T.Dawlath Nisha – Appellant
Versus
M.A.Jaffar Jinnah and 3 Others – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-01-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL T.Dawlath Nisha W/o.Late M.A.Thameem Sikandar, No.13/11, Railway Border Road, Kodambakkam, Chennai - 600 024.
..Petitioner(s)
Vs
1. M.A.Jaffar Jinnah and 3 Others S/o.Late Mr.S.V.Mohamed Abubacker, No.24/6, Gulam Mohamed Mohideen Street, Thousand Lights, Chennai - 600 006.
2. M.A.Shahul Hameed S/o.Late Mr.S.V.Mohamed Abubacker, No.13/11, Railway Border Road, Kodambakkam, Chennai - 600 024.
3. Zareena Banu W/o.Mr.Sowkathali, D/o.Late Mr.S.V.Mohamed Abubacker, No.11, Sri Krishnapuram Street, Royapettah, Chennai - 600 014.
4. M.A.Khaleelullah S/o.Late Mr.S.V.Mohamed Abubacker, No.13/11, Railway Border Road, Kodambakkam, Chennai - 600 024.
..Respondent(s)
PRAYER: The Original Petition has been filed under Sections 3, 7 to 10 and 29 of the Guardians and Wards Act and under Order XXI Rule 2 and 3 of the Original Side rules praying to a) Declare the petitioner herein as the guardian of the person and property of minors (1) Minor.T.Shameera Rahima, aged about 15 years 8 months (DOB 02.08.2009) and (2) Minor.T.Mohammed Nawaz, aged about 10 years 10 months (DOB 22.06.2014);
b) Granting permission to the petitioner to sell the share of the above named two minors (1) Minor T.Shameera Rahima and (2) Minor T.Mohammed Nawaz, along with that of the petitioner in the property described in the schedule hereto to the person who have entered into an agreement with the petitioner in respect thereof for the price agreed upon;
c) giving directions to the petitioner to deposit the sale proceeds of her minor children shares proportionally entitled to in any nationalized bank situated in the city of chennai to lie until the minors attain majority and to enable the petitioner herein to receive the interest accruing thereon once in three months so that the same could be utilised for the bringing up of and education of the minors; and d) granting such further or other reliefs to the petitioner as would be deemed appropriate in the circumstances of the case.
For Petitioner(s): M/s.V.N.A.Ghouse Gani For Respondent(s): M/s.T.J.Kulasekar
ORDER
This petition has been filed under Section 3, 7 to 10 and 29 of the Guardians and Wards Act, 1890 read with Order XXI Rule 2 and 3 of the Original Side Rules to declare the petitioner herein as the guardian of the person and property of minors (1) Minor.T.Shameera Rahima, aged about 15 years 8 months (DOB 02.08.2009) and (2) Minor.T.Mohammed Nawaz, aged about 10 years 10 months (DOB 22.06.2014); to grant permission to the petitioner to sell the share of the above named two minors (1) Minor T.Shameera Rahima and (2) Minor T.Mohammed Nawaz, along with that of the petitioner in the property described in the schedule hereto to the person who have entered into an agreement with the petitioner in respect thereof for the price agreed upon; to give directions to the petitioner to deposit the sale proceeds of her minor children shares proportionally entitled to in any nationalized bank situated in the city of chennai to lie until the minors attain majority and to enable the petitioner herein to receive the interest accruing thereon once in three months so that the same could be utilised for the bringing up of and education of the minors; and to pass such other orders.
2. According to the petitioner, she is the widow. Due to the wedlock between the petitioner and her husband, a female child namely T. Shameera Rahima, born on 02.08.2009 and a male child namely T. Mohammed Nawa, born on 22.06.2014. Her husband Mr. M.A. Thameem Sikandar, son of Late S.V. Mohamed Abubacker, died on 03.09.2020, leaving behind his wife and children. The parents of the deceased M.A. Thameem Sikandar, predeceased him. The father of the deceased namely S.V. Mohammed Abubacker, during his lifetime, had purchased the house, ground and premises more fully described in the schedule and he was in sole and absolute ownership, possession and uninterrupted enjoyment of the sa
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