IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-02-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL Selvarani W/o.Late Mr.Jaganadhan, ..Petitioner(s)

Vs No Respondent Nil ..Respondent(s)

PRAYER: The Original Petition has been filed under Section 8(2)(a) of Hindu Minority and Guardianship Act read with Order XXI Rule 2 and 3 of Original Side Rules praying to a) Grant permission to the petitioner, as the mother and natural guardian of minor children Master P.J.Nithish and Miss.P.J.Dharuna, to sell the minor children’s 2/3rd undivided share in the property (for a sum of Rs.70,00,000/- (Rupees Seventy Lakhs only) as per sale agreement dated 07.04.2025 to in favour of Mr.Selvamani.T and Mrs.Eswari.S and b) to permit the petitioner to deposit the sale proceeds of the minors shares in any nationalised bank in the name of the minor children until they attain the age of majority and c) Permit the petitioner to withdraw the periodical interest accruing from the said deposits for the welfare, education, medical needs and general maintenance of the minor children.

For Petitioner(s): S.Kartik

ORDER

This petition has been filed under Section 8(2)(a) of Hindu Minority and Guardianship Act read with Order XXI Rule 2 and 3 of Original Side Rules praying to a) Grant permission to the petitioner, as the mother and natural guardian of minor children Master P.J.Nithish and Miss.P.J.Dharuna, to sell the minor children’s 2/3rd undivided share in the property (for a sum of Rs.70,00,000/- (Rupees Seventy Lakhs only) as per sale agreement dated 07.04.2025 to in favour of Mr.Selvamani.T and Mrs.Eswari.S and b) to permit the petitioner to deposit the sale proceeds of the minors shares in any nationalised bank in the name of the minor children until they attain the age of majority and c) Permit the petitioner to withdraw the periodical interest accruing from the said deposits for the welfare, education, medical needs and general maintenance of the minor children.

2. According to the petitioner, she is the wife of one Mr. Jaganadhan and due to their wedlock, children namely P.J. Nithish and P.J. Dharuna were born on 21.01.2009 and 19.09.2012 respectively and they are aged about 16 and 12 years studying 11^th and 8^th standards respectively. The mother-in-law of the petitioner namely Ms. Jayalakshmi settled the schedule mentioned house site in favour of the petitioner’s husband through a Settlement Deed dated 11.03.2004. The petitioner’s husband Mr. Jaganadhan died intestate on 07.08.2023 leaving behind the petitioner and two minor children as his surviving legal heirs. The father of the deceased died on 08.05.2004 and the mother of the deceased died on 20.07.2024. Ever since from the settlement made by the mother-in-law of the petitioner in favour of the petitioner’s husband Mr. Jaganadhan, they are in possession and enjoyment of the property. The said property consists of two floors. Except one portion in the 1^st floor, where the petitioner and her children are now residing, the other portions in ground and second floors, have been leased out. The total lease amount aggregates to Rs.31,80,000/-. Except for the portion occupied by the petitioner and her minor children, all other portions have been leased out and therefore, no monthly rental income or other income is available to the petitioner. Therefore, the petitioner, as wife of the deceased and the two minor children are entitled to their respective shares in the said property.

2.1. The petitioner is the mother and natural guardian of her two minor children. The deceased was the sole breadwinner of her family. After the death of her husband, the petitioner found very difficult to maintain the minor children and to meet out their educational expenses and other expenses. Therefore, the petitioner has come forward to sell the petition-mentioned property along with the minors' 2/3rd share in the best interest of the minor children and she has executed a Sale Agreement dated 07.04.2025 in favour of the proposed p