Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment 1 M.H. Petition No.50/2020
Received on : 10.02.2020
Registered on : 20.03.2020
Decided on : 10.02.2022
Duration : 01 10 22
Y M D
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
MENTAL HEALTH PETITION NO.50 OF 2020
(CNR No.MHCC010004552020)
1. Baji H. Sepoy
Age: 57 years, Occ: Service,
R/o: Tata Mills Hsg. Society,
Building no.3, Flat no.29,
J.B. Marg, Parel (East)
Mumbai 400 012.
2. Mrs. Zaver Baji Sepoy
Age: 55 years, Occ: Housewife,
R/o: R/o: Tata Mills Hsg. Society,
Building no.3, Flat no.29,
J.B. Marg, Parel (East)
Mumbai 400 012. ...Petitioners
Appearance :
Mr. Daruwala I/b Mulla & Mulla Company, Advocate for the Petitioner.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 10thFebruary, 2022.
JUDGMENT
1. This is petition filed by petitioner to appoint him as a total
supportive guardian of mentally ill person namely Ms. Nilufer Sarosh
Shastri, under section 14(1) of the Rights of Persons with Disabilities
Act, 2016.
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Judgment 2 M.H. Petition No.50/2020
2. The facts in brief are as under;
Ms. Nilufer Sarosh Shastri was born on 06/05/1967. She is
unsound mind from her birth. Nilufer's father Sarosh died in Mumbai
on or about 4/11/2018 prior there to having made his last will and
testament.
3. On 5/6/2018 Mr. Sarosh Shastri's wife Thrity is predeceased
dated 23/08/2016. Mr. Sarosh and Thrity had son namely Cyrus, who
predeceased the deceased on 8/3/1991 as a bachelor. Thus, Ms. Nilufer
being the only daughter is the legal heir of deceased Sarosh Shastri and
Ms. Thrity. Petitioner no.1 is one of the executors appointed under the
last will and testament of the deceased and has applied for probate of
the said will of Mr. Sarosh. Petitioner no.1 & 2 are appointed as a
caretakers of Ms.Nilufer. Mr.Sarosh had owned movable and
immovable properties as mentioned in Exh. D & G. Hence, prayed to
appoint petitioners as a total supportive guardian of Ms. Nilufer.
4. Public notice and citation notice was issued. However, no one
raised objection. One of the executor of the will Mr. Aspi R. Dordy has
filed his affidavit at Exh.4, stating that he has no objection to appoint
petitioners as a guardian of Ms. Nilufer.
5. I have perused the documents. It reveals that Mr. Sarosh Shastri
has owns of movable and immovable property as mentioned in Exh. D &
G. He also executed his last will dated 5/6/2018. It is to be noted that
Mr. Sarosh, Mrs. Thrity, their son Cyrus are no more and now only Ms.
Nilufer is the legal heir of Mr. Sarosh Shastri. Ms. Nilufer is mentally
retarded and she is unsound from birth. Ms. Nilufer was examined at
J.J. hospital. Psychiatric Department of the said hospital opined that
Ms. Nilufer is suffering from Moderate intellectual Disability which is a
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Judgment 3 M.H. Petition No.50/2020
permanent condition with 75% disability and she is incapable of looking
after her personal, social, and financial needs and requires guardian for
the same. Therefore, considering the facts and circumstances of the
case, the medical report and last will of Mr. Sarosh Shastri, I find that
petitioners are fit persons to be appointed as a guardian of Ms. Nilufer
Shastri. Accordingly, following order.
ORDER
1. The petitioner no.1 Baji H. Sepoy and no.2 Mrs. Zaver Baji
Sepoy, are appointed under section 14(1) of the Rights of
Persons with Disabilities Act, 2016 as the total support
guardians for Ms. Nilufer Sarosh Shastri, as Manager of her
person and Estate as mentioned in Exh.D & G.
2. The petitioners shall file in this Court in a period of three
months from today and three months immediately after the
end of every financial year, the returns of the movable and
immovable properties and dues owned by Ms. Nilufer
Sarosh Shastri.
3. The petitioners shall take prior permission of this Court
before transferring any of the movable and immovable
properties of Ms. Nilufer Sarosh Shastri.
4. The petition is allowed and disposed off accordingly.
(G.B.Gurao)
Judge,
City Civil & Sessions Court,
Date : 10/02/2022. Mumbai.
Dictated on : 10 & 28.02.2022.
Transcribed on : 03.03.2022.
Date of sign : 03.03.2022.
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Judgment 4 M.H. Petition No.50/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
03.03.2022. Mrs. S.S.Sawant
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ SHRI.G.B.Gurao,(C.R.No.17)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 10.02.2022.
Order signed by P.O. on 03.03.2022.
order uploaded on 03 .03.2022.
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