Final Order 5

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. RAKESH KUMAR SINGH
ADDITIONAL DISTRICT JUDGE-02, NORTH-WEST
ROHINI COURT: DELHI.
GP 29/2023
1. Sh. Naveen Kumar
S/o Sh. Ram Chandra Choudhary
2. Master Ritul Choudhary (minor)
Through his father and natural
guardian Sh. Naveen Kumar
R/o H.No. 139, Third Floor,
Pocket-B-6, Sector 3, Rohini
Delhi-110085
.......Petitioners
VERSUS
THE STATE (NCT of DELHI) …....Respondent
Date of Institution : 20.11.2023
Date of Arguments : 19.11.2024
Date of Judgment : 19.11.2024
JUDGMENT:
1. This is a petition Under Section 8 of The Hindu Minority
& Guardianship Act for granting permission to sell 50%
share in the properties on behalf of the minor.
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2. It appears that one Smt. Rinky had certain property as
enlisted in paragraph 2 of the petition. She expired on
25.04.2021 without leaving any testament. She was
survived by the petitioner/husband Sh. Naveen Kumar and
minor son namely Ritul Choudhary. Apparently, these legal
heirs of Smt. Rinky would have inherited the property in
equal shares i.e 50% share each. Petitioner Sh. Naveen
Kumar is the father of minor child Ritul Choudhary and is
looking after him. The petitioner who is father of minor
child wants to sell the property for proper upbringing of
minor child namely Ritul Choudhary and in furtherance of
such motive, he has come up with the present petition.
3. For the notice of general public, a publication in the
newspapers “The Statesman” dated 22.12.2023 was issued
so that anyone concerning the matter can approach and
participate in the proceedings in case anybody has any
stake. However, none appeared from the general public to
object to the present petition.
4. The notice of the petition was also issued to the State
through Collector. In pursuance of the notice, the State
filed Valuation Report on 25.01.2014 and the properties
were assessed to the extent of Rs. 12,90,240.00/- and Rs.
8,51,827.20/-.
5. In order to prove the case, the petitioner examined
himself as PW-1. Petitioner is the father/natural guardian
of the minor child Ritul Choudhary. Petitioner during his
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examination in chief relied upon different documents such
as copies of aadhar card, birth certificate and aadhr card of
minor child, original death certificate of Smt. Rinky and
copies of sale deed of two properties etc.
6. The petition is not opposed nor any objections were filed
by the side of the respondent or otherwise.
7. From the material available on record, it is proved that Sh.
Naveen Kumar (PW-1) is the father and natural guardian
of child namely Ritul Choudhary and the child is under the
care and custody of his father and natural guardian i.e.
petitioner. The father/ natural guardian is the right person
to look after the welfare of his minor child.
8. Permission of the Court for sale of the property, including
the share of the minor child is sought by the petitioner Sh.
Naveen Kumar (PW-1) by claiming that the property is
required to be sold for the welfare of minor child.
9. There is no material on record to suggest that there is any
falsehood in this version of the father i.e. petitioner.
Permission can safely be granted to him for sale of the
property, including the share of the minor child, for his
welfare, upbringing and education of the minor child.
RELIEF
10. For the aforesaid reasons, this petition is hereby allowed
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in favour of the petitioner and as such, petitioner Sh.
Naveen Kumar (PW-1) i.e. the father and natural guardian
of child is accordingly permitted to sell 50% share
(undivided share of the minor child) in the enlisted
property with following conditions;
(a) The sale consideration amount of the share of the
minor child shall not be less than the circle rate of such
property as per the Valuation Report filed by concerned
SDM or market value of the property, whichever is
higher; and
(b) That out of the sale proceeds of the aforesaid
property, the share of minor child, be deposited by way
of fixed term deposit scheme with a Nationalized Bank
or Post Office for the period till the minor child attain
the age of majority, with provision for automatic
renewal as per rules. However, it is made clear that the
petitioner i.e. Sh. Naveen Kumar, being father of the
minor child, may withdraw interest that accrues on the
said fixed deposit amount, for the welfare, upbringing
and education of minor child.
This petition is disposed off accordingly.
File be consigned to Record Room, after due
compliance.
Announced in the open Court
on 19th
day of November, 2024
(RAKESH KUMAR SINGH)
Additional District Judge-2 (North-West)
Rohini Courts: Delhi
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