Final Order 1

Order Details: Copy of Judgment
Pdf Text: Guardian Petition No.89/2020 1
Presented on : 01/12/2020
Registered on : 01/12/2020
Decided on: 02/03/2021
Duration : 00Y 02M 01D
IN THE BOMBAY CITY CIVIL COURT AT GREATER
MUMBAI
GUARDIAN PETITION NO.89 OF 2020
(CNR No.MHCC02-005342-2020)
Mrs. Bhavna Rajesh Raval ]
Aged about 39 years, ]
Indian Inhabitant of Mumbai ]
R/at: 25, Raval House, 401, ]
J.V.P.D. Scheme, Swastik ]
Society Ltd., Vile Parle (West), ]
Mumbai-400 056. ] … Petitioner
AND
1. Rushil Rajesh Raval ]
Aged about 15 years, ]
Minor son of Mr. Rajesh Surendra ]
Raval @ Mr. Rajendra Surendra ]
Raval Through natural Guardian ]
Mother Mrs. Bhavna Rajesh Raval ]
R/at: 25, Raval House, 401, ]
J.V.P.D. Scheme, Swastik ]
Society Ltd., Vile Parle (West), ]
Mumbai-400 056. ]
2. Anushka Rajesh Raval ]
Aged about 19 years, ]
Daughter of Mr. Rajesh Surendra ]
Raval @ Mr. Rajendra Surendra ]
Raval ]
R/at: 25, Raval House, 401, ]
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Guardian Petition No.89/2020 2
J.V.P.D. Scheme, Swastik ]
Society Ltd., Vile Parle (West), ]
Mumbai-400 056. ]
3. Smt. Savita Rajesh Raval ]
Aged about 68 years, ]
Occupation: Housewife ]
Mother of Mr. Rajesh Surendra ]
Raval @ Mr. Rajendra Surendra ]
Raval ]
R/at: 25, Raval House, 401, ]
J.V.P.D. Scheme, Swastik ]
Society Ltd., Vile Parle (West), ]
Mumbai-400 056. ] … Respondents
Appearance:
Mr. Prashant Nakati, Ld. Advocates for the petitioner.
CORAM : H.H.THE ADDL. SESSIONS JUDGE
SHRI. MILIND V. KURTADIKAR
(C.R. No.17)
DATED : 02nd MARCH, 2021
(Dictated and Pronounced in Open Court)
JUDGMENT
This a petition under section 8 of the Hindu Minority
and Guardianship Act for appointment of guardian of ward.
2. It is the case of petitioner Mrs. Bhavna Rajesh Raval
that, Rajesh Surendra Raval @ Rajendra Surendra Raval was
her husband, respondent Nos.1 and 2 are their son and
daughter while respondent No.3 is the mother of husband
Rajesh @ Rajendra. Rajesh @ Rajendra died on 02.10.2020
living behind above legal heirs. Son Rushil is minor aged
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Guardian Petition No.89/2020 3
about 15 years. Petitioner being his natural guardian mother
is looking after his food, shelter and maintenance. All are
residing together. Late Rajesh @ Rajendra was having 15%
ownership rights in ofce No.XII/A on 13th Floor, admeasuring
Built up 5700 sq.ft. along with 4 (Floor) parking lots viz. open
parking space Nos.15 and 16 and covered/basement parking
lots bearing Nos.9 and 12 in the building knows as
“Bakhtawar” in society and holding 091 to 095 (5 number of
shares) at Nariman Point, Mumbai-400 020. After his demise
now petitioner and respondents are having jointly people right
and title in said 15% ownership right. All the owners of said
property intent to sale to their respective right, title and
interest along with 15% share of petitioner and respondent.
Therefore, in order to execute sale deed of ¼th share (in total
15% share) of ward Rushil appointment of guardian is
necessary. Respondent Nos.2 and 3 have no objection to
appoint petitioner as guardian of ward respondent No.1.
3. Accordingly notice were issued to respondent Nos.2
and 3. They are served with notice but not appeared.
4. Petitioner Smt. Bhavana has fled her supportive
afdavit and no adverse interest afdavit on record along with
petition. Similarly there is death certifcate of late Rajesh @
Rajendra and copy of agreement to sale on record at Exh-A
and Exh-B along with the petition. The copy of birth certifcate
of ward Rushil is on record. His date of birth is 05.10.2005
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Guardian Petition No.89/2020 4
and thus he is minor. The consent afdavit of respondent No.2
Ms. Anushka and respondent No.3 Smt. Savita is on record
whereby they have given no objection to appoint petitioner as
guardian of the ward. So in view of above discussion there is
no any impediment in appointing petitioner as guardian of the
ward. Accordingly, the order.
ORDER
1. The Guardian Petition No.89/2020 is hereby allowed.
2. Petitioner Mrs. Bhavna Rajesh Raval is hereby appointed as
guardian-ad-litem of Respondent No.1 herein i.e. Master Rushil
Rajesh Raval without remuneration and security.
3. Petitioner Mrs. Bhavna Rajesh Raval is hereby allowed to
sale monor’s ¼th shares in 15% ownership rights in Ofce
No.XII/A on 13th Floor, admeasuring Built up 5700 sq. ft. along
with 4 (four) parking lots viz. open parking space Nos.15 and
16 and covered/basement parking lots bearing Nos.9 and 12
in the building known as “Bakhtawar” in society and holding
091 to 095 as guardian to the petitioner.
4. Guardian Petition No.89/2020 stands disposed of
accordingly.
Date:- 02.03.2021. (Milind V. Kurtadikar)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay.
Dictated on : 02.03.2021
Transcribed on : 03.03.2021
HHJ signed on : 04.03.2021
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Guardian Petition No.89/2020 5
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
06.03.2021 05.13 p.m. Sanjay Baliram Kaskar
(Stenographer Grade-I)
Name of the Judge HHJ Shri M.V. Kurtadikar
(CR No.17)
Date of Pronouncement of
Judgement/Order.
02.03.2021
Judgement/order signed by
P.O on
04.03.2021
Judgement/order uploaded on 06.03.2021
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