Final Order 1

Order Details: Copy of Judgment
Pdf Text: Presented on : 05/01/2019
Registered on : 10/01/2019
Decided on : 23/01/2019
Duration : 00Y 00M 19D
Exhibit: 2
IN THE CITY CIVIL COURT FOR GREATER BOMBAY, BOMBAY.
GUARDIANSHIP PETITION NO.9 OF 2019
(CNR NO.: MHCC010002172019)
Shilpa Ramesh Ruparel ] PETITIONER
Aged: 44 years, Occ.: Service, ]
Adult, Indian Inhabitant, ]
R/o.: Flat No.32, Neelkanth Darshan, ]
7th Floor, Bhakti Marg, Mulund (West), ]
Mumbai – 400 080. ]
APPEARANCE:
Ms. Triveni Jani i/b Mr. Vikas Thakkar, Advocates for the Petitioner.
APPLICATION FOR PERMISSION TO SELL UNDER SECTION 8(4) OF
THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956
CORAM : SHRI S.V. YARLAGADDA, JUDGE.
(Court Room No.54)
DATE : 23rd January, 2019.
ORAL ORDER
(Dictated and pronounced in open Court)
Smruti Ramesh Ruparel, aged about 16 years, is the
daughter of the petitioner Shilpa Ramesh Ruparel. The petitioner
submitted that Ramesh Ruparel by a registered agreement for sale dated
22.10.2010, purchased a flat bearing no.203, Ambe Krupa, Devidayal
Road, Mulund (West), Mumbai – 80, jointly with the petitioner. Thus,
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they both became coowners. On 14.12.2015, the society of the said flat
entered into a development agreement with M/s. Guddi Enterprises. By
virtue of that agreement, they became entitled for a permanent
alternate accommodation in the proposed new building. However,
before execution of the requisite agreement with the developer, Ramesh
Ruparel expired intestate on 23.01.2016. The petitioner and her
daughters Stuti aged 21 years and Smruti aged 16 years and the
petitioner's motherinlaw Mrs. Malti, are his legal heirs. Due to his
death, his interest of 50% share in the flat devolved on them. Thus, the
petitioner's minor daughter Smruti has 12.5% share. After the death of
Ramesh Ruparel, they entered into an agreement on 10.03.2016 with
the developer. They agreed to surrender their rights and interest in that
flat and the developer agreed to give and allot them an area equivalent
to the area of the said flat i.e. 355 sq. ft. alongwith 45% additional
carpet area as per the development agreement dated 14.12.2015. By
virtue of this agreement dated 10.03.2016, the petitioner and her two
daughters became entitled to get interest in the proposed flat bearing
no.203, area 515 sq. ft. on 2nd floor of the new building ''Ambe Krupa''
on ownership basis. The possession is likely to be handed over in
February, 2019. Ramesh Ruparel was the only earning member in the
family. Due to his demise, the petitioner's family is facing financial
problems.
2. According to the petitioner, her family does not require that
much area of 515 sq. ft. She is a commerce graduate and employed
with Vision Investment. She is getting a salary of Rs.18,000/ per
month. In this situation, her family decided to sell the said new flat and
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to purchase a smaller flat and the remaining amount to be utilized and
invested as per the family needs. Her elder daughter Stuti is in 4th year
of Architecture. Her minor daughter Smruti is in Fy.J.C. (Commerce).
The petitioner negotiated with the prospective buyer Amol
Harishchandra Mithabaokar and Mrs. Shiny Amol Mithabaokar for a
proposed consideration of Rs.1.5 crore. They paid Rs.50 lakhs through
two cheques. The balance amount of Rs.1 crore is payable at the time
of execution of the agreement for sale. The petitioner's minor daughter
is entitled for 12.5% share out of the total amount of Rs.1.5 crore i.e.
18,75,000/. Therefore, the petitioner is seeking permission for sale of
her minor daughter's share of 12.5%.
3. I heard the petitioner's learned advocate and perused the
documents. The petitioner filed copies of the documents pertaining to
the old flat. The agreements, consent affidavit of the petitioner's minor
daughter Smruti, birth certificate of Smruti, death certificate of Ramesh
Ruparel, the cheques and the schedule of the property which is to be
sold. As per the birth certificate, the date of birth of Smruti is
09.04.2002.
4. The petitioner being the mother of the minor, is a natural
guardian under section 6(a) of the Hindu Minority and Guardianship
Act, 1956. As per section 8, subject to provisions of this section, she has
power to do all acts which are necessary for reasonable and proper for
the benefit of the minor or for realization, protection and benefit of the
minor’s estate. However, without previous permission of the Court, she
has no power to mortgage or charge or transfer by sale, gift, exchange
or otherwise any part of the immovable property of the minor. Sub
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section (4) of section 8 of the said Act empowered the Court to grant
permission for such sale, etc., in case of necessity or for an evident
advantage to the minor. The petitioner being the mother and natural
guardian, has no apparent conflict of interest with the minor. As per
her submission and as per the details given in the petition, the proposed
sale is for purchasing a new small flat and meanwhile to have some
amount in hand to meet the educational expenses of the minor. The
petitioner’s learned advocate submitted that after purchasing new small
flat, whatever will be the share of the minor out of the remaining
amount obtained by sale of the present flat, it would be saved in the
name of the minor. In these circumstances, I am convinced that the
proposed sale is for the necessity as well as evidence advantage to the
minor, as it is meant for buying a small flat and to have the balance
amount saved in the name of the minor. Therefore, I am inclined to
allow the application with a direction to the petitioner to render the
accounts. Accordingly, the following order is passed.
FINAL ORDER
The petitioner Shilpa Ramesh Ruparel, aged about 44 years is appointed
as the Guardian to her daughter Smruti Ramesh Ruparel, born on
09.04.2002 with permission to sell her share in the flat bearing no.203,
Ambe Krupa, Devidayal Road, Mulund (West), Mumbai – 80 to Mr.
Amol Harishchandra Mithabaokar and Mrs. Shiny Amol Mithabaokar.
The petitioner shall include the name of the minor Smruti Ramesh
Ruparel as a coowner of the new flat to be purchased by her from the
above mentioned sale proceeds and shall deposit the 12.5% share of
Smruti Ramesh Ruparel in fixed deposit of any one or two Nationalized
Banks, till she attains majority.
The petitioner shall furnish to this office in three months at the close of
every financial year an account of the property and assets of Smruti
Ramesh Ruparel in her charge and the sums received and disbursed on
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account of her and balance remaining with the petitioner till Smruti
Ramesh Ruparel becomes major.
The petition is allowed and disposed off accordingly.
(S.V. YARLAGADDA)
Judge
City Civil Court,
Date: 23/01/2019. Greater Bombay.
Order Dictated on : 23/01/2019
Transcribed on : 24/01/2019
Signed on : 24/01/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
24/01/2019 at 5.30 p.m. BHARAT KASHINATH GAIKWAD
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S.V. YARLAGADDA
(Court Room No.54)
Date of pronouncement of Order 23/01/2019
Order signed by P.O. on 24/01/2019
Order uploaded on 24/01/2019
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