Order 1

Order Details: Copy of Judgment
Pdf Text: Presented on : 31/01/2018
Registered on : 08/03/2018
Decided on : 16/11/2018
Duration : 00Y 09M 16D
Exhibit 9
IN THE COURT OF SESSION FOR GREATER BOMBAY, BOMBAY.
GUARDIAN PETITION NO.66 OF 2018
CNR NO.: MHCC010016242018
Smt. Vaidehi Vaibhav Chorge ] PETITIONER
Aged about 35 years, R/o.: A/602, ]
Ambika Plaza, 90 Feet Road, ]
Mulund (East), Mumbai – 400 081. ]
V/s.
Vandana T. Chorge ] OPPONENT
Aged about 64 years, R/o.: Flat No. ]
A/602, Ambika Plaza, 90 Feet Road, ]
Mulund (East), Mumbai – 400 081. ]
APPEARANCE:
Ms. Vaishali Bhilare, Advocate for the Petitioner.
None for Opponent.
APPLICATION UNDER SECTION 8 OF THE HINDU MINORITY AND
GUARDIANSHIP ACT, 1956 IN RESPECT OF PETITIONER'S MINOR
DAUGHTERS VEDASHRI AND MANSI
CORAM : SHRI S.V. YARLAGADDA
ADDITIONAL SESSIONS JUDGE
(Court Room No.54)
DATE : 16th November, 2018.
J U D G M E N T
(Dictated and pronounced in open Court)
The petitioner is daughterinlaw of the opponent. The
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opponent and the opponent’s husband Tukaram were joint owners of
flat no.A602 described in the final order. The opponent and the
petitioner’s husband Vaibhav were joint owners of flat no.B403
described in the final order. Vaibahav died on 06.11.2014. Tukaram
died on 29.01.2015.
2. Vedashri, born on 07.07.2003 and Mansi on 03.02.2007,
are the minor daughters of the petitioner. After the death of Vaibhav
and Tukaram, the opponent’s interest and share in flat no.B403 became
62.5 %. The opponent expressed her willingness to give her entire share
i.e. 62.5 % in flat no.B403 to the petitioner’s minor daughters Vedashri
and Mansi and in return she requested the petitioner to release the
petitioner’s 1/30th share and the share of her minor daughters’ 1/30th
share, thus total 1/10th share of flat no.A602. Hence, the petitioner is
seeking her appointment as guardian of her two minor daughters and
also for permission to transfer their interest as mentioned above.
3. The opponent filed her affidavit and gave consent as
proposed above. The relevant legal provisions applicable to the present
petition are as follows:
Section 4(a) of the Hindu Minority and Guardianship Act,
1956 explains that “minor” means a person who has not completed the
age of 18 years. As per section 4(b)(i) of the said Act, “guardian” means
a person having the care of the person of a minor or his property or of
both, his person and property, and includes a natural guardian. As per
section 4(c) of the said Act, “natural guardian” means any of the
guardians mentioned in section 6. As per section 6(a) of the said Act,
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the natural guardian of a Hindu minor, in respect of the minor's person
as well as minor's property (excluding his or her undivided interest in
joint family property) are, in case of a boy or unmarried girl – the
father, and after him, the mother.
4. Powers of the natural guardian are mentioned in section 8
of the said Act. As per section 8(1), the natural guardian of Hindu
minor has power, subject to the provisions of this section, to do all acts
which are necessary or reasonable and proper for the benefit of the
minor or for realization, protection or benefit of the minor's estate; but
the guardian can in no case bind the minor of a personal covenant. As
per section 8(2)(a) of the said Act, the natural guardian shall not,
without the previous permission of the Court, mortgage or charge or
transfer by a sale, gift, exchange or otherwise, any part of the
immovable property of the minor.
5. The petitioner is thus seeking permission to transfer the
minors’ interest by way of exchange. I heard the petitioner’s learned
advocate and perused the case papers. The following are the points for
determination and my findings.
POINTS FINDINGS
1. Whether appointment of petitioner as
guardian of her two minor daughters and
permission to transfer their interest
proposed by the petitioner, is a case of
necessity or for an evident advantage to
the minors – Vedashri and Mansi ?
Yes.
2. What Order ? The petition is
allowed.
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REASONS FOR THE FINDINGS
POINT NO.1:
6. The proposed exchange of interest of the minor daughters
of the petitioner is in their interest. Because they are getting 62.5 %
share in flat no.B403 which will be absolute property of the petitioner’s
two minor daughters. In return they are giving up their total interest of
1/10th share in flat no.A602. The area of flat no.B403 is about 225 sq.
ft. situated on 1st floor in ‘B’ wing of Mira (SRA) Cooperative Housing
Society Limited, L.T. Road, Mulund (East), Mumbai – 400 081. The
area of A602 is 460 sq. ft. situated at Ambika Plaza, 90 Feet Road,
Mulund (East), Mumbai – 400 081. The petitioner’s learned advocate
submitted that as per the ready reckoner, the market rate of flat no.A
602 is Rs.1,26,600/ per square meter built up area.
7. After taking into consideration the depreciation, its cost is
shown as Rs.60,70,000/ and each minors share as Rs.2,02,333/. On
the other hand, the property they alongwith their mother are getting is
flat no.B403 and its rate is Rs.1,08,200/ per square meter build up
area. Its total value is 27,20,000/. Therefore, the proposed exchange
of the interest of the opponent in favour of the petitioner’s minor
daughters in return of relinquishing their interest, is to the advantage of
the minors. Hence, point no.1 is answered in affirmative and the
following order is passed.
FINAL ORDER
(1) The petitioner is appointed as a guardian of her minor daughters
Vedashri Vaibhav Chorge and Mansi Vaibhav Chorge under section
8 of the Hindu Minority and Guardianship Act, 1956.
(2) Permission is granted to the petitioner to act as guardian of the
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said minor daughters regarding their interest in the immovable
property of flat no.B403, 4 th floor, ‘B’ Wing, Mira (SRA) Co
operative Housing Society Limited, L.T. Road, Mulund (East),
Mumbai – 400 081 and also flat no.A602, Ambika Plaza, 90 Feet
Road, Mulund (East), Mumbai – 400 081.
(3) She is allowed to exchange the interest of 1/30th share each of her
minor daughters by way of relinquishment in favour of the
opponent and in return to accept the gift of the opponent’s share of
62.5 % in favour of the petitioner’s said minor daughters, under
section 8 (2)(a) of the Hindu Minority and Guardianship Act,
1956.
The Guardian Petition is allowed and disposed off accordingly.
(S.V. YARLAGADDA)
Additional Sessions Judge,
Date: 16/11/2018. Greater Bombay.
Order Dictated on : 16/11/2018
Transcribed on : 19/11/2018
Signed on : 19/11/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT.”
19/11/2018 at 5.35 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 Judgment 16/11/2018
Judgment signed by P.O. on 19/11/2018
Judgment uploaded on 19/11/2018
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