Final Order 2

Order Details: Copy of Judgment
Pdf Text: Judgment 1 Guardian Petition No. 134/19
Received on : 25.04.2019
Registered on : 14.06.2019
Decided on : 08.11.2021
Duration : 02 04 25
Y M D
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY.
GUARDIAN PETITION NO.134 OF 2019
(CNR No.MHCC02-004664-2019)
Sonia Sudhir Patel,
Age: Adult,
R/o: 1134, Litchfield Lane,
Bartlett, IL 60103, USA and having
place of residence at Shivtrith-I
Flat No.27, Bhulabhai Desai Road,
Haji Ali, Mumbai- 400026. ..Petitioner
Appearance :
Ms. Mandakini Sinh, Advocate for the Petitioner.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 08th November , 2021.
JUDGMENT
1. This is petition for appointment of petitioner Sonia Patel as a total
supportive guardian of Sarju Madhu Patel a mentally challenged person
under The Rights of Persons with Disabilities Act, 2016.
2. The facts in brief are as under;
Petitioner is real sister of Sarju Patel. Sarju Patel is mentally ill.
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Judgment 2 Guardian Petition No. 134/19
Petitioner is married and she resides in USA. Petitioner comes twice in
a year and she is looking after her brother. The mother of petitioner
and Sarju namely Rohini died on 09/01/2002 and their father Madhu
died on 06/01/2015. The petitioner and Sarju are the two surviving
legal heirs of their parents. They have 50% each beneficiary of the
Estate. Petitioner has filed petition being Testamentary Petition No.
617/2019 in Hon’ble High Court, Bombay for Succession Certificate.
The petitioner further contended that petitioner is looking after Sarju
Patel. She is taking his care. She is providing financial expenses and
other needs of Sarju. Except the petitioner there is no one looking after
the person and Estate of Sarju Patel. Hence, prayed to allow the
petition.
3. Public notice and citation issued in daily news paper. However, no
one raised objection. Advocate Ms. Mandakini Sinh for petitioner has
submitted that petitioner is real sister of mentally ill person Sarju and
said Sarju is having disability above 90%. Petitioner though reside in
USA however, she manages the care of Sarju in Mumbai. Petitioner
comes twice in India to meet her brother. Except petitioner there is no
one to look after Sarju.
4. Perused the record. It appears that petitioner and Sarju are the
real brother and their parents are no more. Their parents have some
estate. It is alleged that petitioner and Sarju have 50% share each. It
also appears that petitioner is taking care of needs of Sarju. Medial
papers do show that Sarju is having disability above 90% and he is in
need of total support. Therefore, considering the facts and
circumstances of the case, I find that petition deserves to be allowed.
Hence, following order.
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Judgment 3 Guardian Petition No. 134/19
ORDER
1. The petitioner Sonia Sudhir Patel, is appointed under
section 14(1) of the Rights of Persons with Disabilities Act,
2016 as the total support guardians for Mr.Sarju Madhu
Patel and as Manager of his Estate.
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 Mr. Sarju
Madhu Patel
3. The petitioners shall take prior permission of this Court
before transferring any of the movable and immovable
properties of Sarju Madhu Patel.
4. The petition is allowed and disposed off accordingly.
(G.B.Gurao)
Addl. Session Judge
Gr. Bombay.
Date: 08.11.2021.
dictated on : 08.11.2021.
Transcribed on : 08.11.2021.
Date of sign : 08.11.2021.
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Judgment 4 Guardian Petition No. 134/19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
08.11.2021. 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 08.11.2021.
Order signed by P.O. on 08.11.2021
order uploaded on 08.11.2021
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