IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-02-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL R.Saranya W/o. Sivaraman, No.3B, Perumal Koil Street, Periyapuliyur, Puvalambedu, Tiruvallur, Tamil Nadu 601 206.

..Petitioner(s)

Vs No Respondent Nil ..Respondent(s)

PRAYER: This Original Petition has been filed under Section 8(2) of the Hindu Minority and Guardianship Act read with Clause 17 of Letter Patent Act praying a) to permit the petitioner to sell 1/3rd share of the petition mentioned schedule properties of the minor Kuvira.S to meet out her needs b) to permit the petitioner to deposit minor's 1/3rd share amount of Rs.67,00,000/- in any of the Nationalized Bank in the minor's name Kuvira.S.

For Petitioner(s): Kanimozhi Mathi

ORDER

This petition has been filed under Section 8(2) of the Hindu Minority and Guardianship Act read with Clause 17 of Letter Patent Act to permit the petitioner to sell 1/3rd share of the petition mentioned schedule properties of the minor Kuvira.S to meet out her needs and to permit the petitioner to deposit minor's 1/3rd share amount of Rs.67,00,000/- in any of the Nationalized Bank in the minor's name Kuvira.S.

2. According to the petitioner, the petitioner’s husband namely S.

Sivaraman died on 02.04.2020 leaving behind his wife, the petitioner herein, daughter Kuvira.S and his mother Naveneetham Sanmugam as his legal heirs. The petitioner’s husband, during his life time, had purchased the Schedule mentioned A and B properties and was in absolute possession and enjoyment of the property. After the demise of said S. Sivaraman, his legal heirs viz., mother, wife, the petitioner herein and daughter Kuvira.S, are each entitled to 1/3 share in the above said schedule mentioned properties. During the life time of the deceased S. Sivaraman, he obtained several loans from many private parties. After the demise of her husband, the petitioner, being a Widow, finds difficult to maintain the properties and also to meet educational and other expenses of her daughter, who is studying XI Standard. Therefore, for the benefit and welfare of the child and to discharge the debts, it is necessary for the petitioner to sell the properties. The petitioner is the mother and natural guardian of her minor daughter. The petitioner has also undertaken to invest the minor daughter’s 1/3rd share in the sale proceeds into a Nationalized Bank. As per the valuation report dated 19.12.2024, the market value of the Schedule ‘A’ is Rs.42 lakhs and the market value of the Schedule ‘B’ is Rs.1,59,00,000/- and both properties valued together at Rs.2,01,00,000/-. After the demise of her husband, the minor daughter is under the care and custody of her mother, the petitioner herein. Therefore, the petitioner has filed this petition seeking permission to sell the minor daughter’s 1/3rd share amount of Rs.67,00,000/- in the petition-mentioned properties and to deposit the same in a nationalized bank in the form of fixed deposit till the majority of the minor daughter.

3. After filing of this petition, paper publication was effected and no any objection from any party. Thereafter, the matter was posted for examination of witnesses. On the side of the petitioner, PW1 was examined and Ex.P.1 to Ex.P.14 were marked.

4. This Court also perused the evidence and the entire records.

5. As per the evidence of PW1 and the documents Ex.P.1. to Ex.P.14, they revealed that the petitioner and the deceased S. Sivaraman are the husband and wife and they are the parents of the minor daughter namely Kuvira.S.

Ex.P.9 shows that the petitioner, her minor daughter and mother-in-law of the petitioner are the legal heirs of the deceased S. Sivaraman. PW1 deposed that the said S. Sivaraman, during his life time, had purchased the schedule mentioned properties and also he had borrowed loans from private parties in order to meet out his medical expenses. Therefore, in order to settle the said loan and for the welfare of the minor daughter, the petitioner seeks permissi