Final Order 1

Order Details: Other
Pdf Text: 1 Guardian Petition No.175/19
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
GUARDIAN PETITION NO. 175 OF 2019
Sakshe Bharat Basantani
Age 49 years, Indian Inhabitant,
Occ: Service, R/at Flat No. 101,
Gandhivilla CHS Ltd., Plot
No.19/20, Sector 44, Seawoods,
Navi Mumbai 400 706
Mother and Natural guardian of the
minor Bhavik Bharat Basantani ...Petitioner.
Appearance: Adv. Mr.M.D. Tiwari for the Petitioner.
Coram : Ashutosh N. Karmarkar,
2nd Addl. Principal Judge,
(Court Room No. 54)
Dated : 4th January, 2020
ORDER
1. This is an application for permitting the applicant to sale
the share of minor Bhavik Bharat Basantani, in joint family Flat No.
403, Dhiraj Enclave 4AB, CHS Ltd., Borivali (E), Mumbai.
2. The petitioner/applicant is a natural guardian and mother
of minor Bhavik. Birth date of minor child is 05.03.2005. This
applicant was married to Shri Bharat Rajan Basantani. In the said
wedlock she delivered minor child Bhavik on 05.03.2005. The father of
the minor Mr. Bharat Basantani died on 20.10.2016, at Mumbai. The
parents of late Bharat named father Rajan Basantani and mother Smt.
Jyoti Basantani died on 01.09.2012 and 27.08.2012 respectively. They
left behind them late Bharat and Mr. Kamlesh as legal heir. Flat
-- 1 of 6 --
2 Guardian Petition No.175/19
No.403, Dhiraj Enclave 4AB, CHS Ltd., Borivali (E), Mumbai, was
purchased by grandparent of minor i.e. Rajan Basantani and Jyoti
Basantani, by registered deed of sale dated 26.05.2008, from one Dilip
Motani and Mrs. Nilam Motani. They both were members of the society
and were having share certificate No. 21. After the death of
grandparent of minor, the said flat was recorded in the name of
Kamlesh and Bharat Basantani. After the death of Bharat, the flat got
transferred in the name of minor and the applicant to the extend of
their share alongwith Mr. Kamlesh.
3. After the death of grandparents of minor, the said flat is
not in use by the applicant or minor. Mr. Kamlesh is already suffering
from health related issues and is in need of money. The applicant and
her son are having 25% share of each in the flat. The applicant and
father of minor jointly purchased a flat Flat No. 101, Gandhivila CHS
Ltd., at Seawood, Navi Mumbai and obtained housing loan of Rs. 20
lakhs from SBI. The applicant is regularly paying loan installment of
Rs. 17,294/ per month. Still, amount of Rs. 17 lakh towards the loan
is outstanding . The salary of the applicant is not enough to pay debt
and for the purpose of upbringing of the minor the applicant is in need
of money. The applicant and coowner Kamlesh agreed to sell the said
flat. The applicant will utilize the sale consideration to repay maximum
loan amount and some of the amount will utilize for renovation of the
flat. The applicant has undertaken to deposit the amount of the share
of the minor till he attained age of majority. The entire amount of
minor can be utilized for educational expenses of minor.
-- 2 of 6 --
3 Guardian Petition No.175/19
4. The applicant and Mr. Kamlesh, agreed to sell the said flat
to Mr. Arvind Uttam Bist, who is willing to take loan.
5. I have heard Ld. Advocate for the applicant. The applicant
has placed on record the copy of death extract of her husband Mr.
Bharat and also death extract of the parents of late Bharat at Exh.A, B
and C. True copy of the birth certificate of minor Bhavik is at Exh.D.
Copy of IndexII Exh.E is filed to show that the said Flat No. 403, Dhiraj
Enclave, admeasuring 36.43 Sq.mtr. was purchased by Jyoti Basantani
and Rajan Basantani, who are grandparents of minor. In support of the
contentions in the application, the applicant and Mr.Kamlesh brother of
late Bharat have filed their affidavits. It appears from the contents in
the application and the affidavits that the late Bharat and Kamlesh are
the heirs of the deceased Rajan and deceased Jyoti Basantani. It is
contended in the application that both the brothers late Bharat and
Kamlesh have 50% share in the flat. It is also contended in the affidavit
of Kamlesh that after death of Bharat, the applicant and minor Bhavik
will have 25% shares each in the flat. The public notice was published
in daily Free Press Journal English Newspaper and daily Navshakti
Newspaper dated 22.08.2019 but nobody has come forward to raise
objection after that public notices. It appears that the applicant is
residing in their flat at Gandhivilla CHS Ltd., Seawood, Navi Mumbai.
The applicant has contended that she herself and husband have
purchased the flat by obtaining loan. A copy of certificate issued by the
bank dated 03.09.2018 is filed to show that the house loan of Rs.20
lakhs was obtained by them. Salary slip of the applicant is also filed at
Exh.F. It is contended in the application that the applicant, which they
want to sell the flat is unused. This fact supports from the affidavit of
-- 3 of 6 --
4 Guardian Petition No.175/19
the applicant and also affidavit of Kamlesh. The applicant wants to sell
the flat is in the interest of minor for the purpose of upbringing the
minor. It appears that the applicant and Kamlesh are residing in
separate residence. It cannot be said that, there is no reason to
disbelieve that the flat which they want to sell is not in use. It appears
from the subsequent affidavit of Kamlesh and Sakshe, that they have
decided to sell the flat No. 403 to Mr. Arvind Bist for the sum of Rs. 80
lakhs. It is also contended that the proposed purchaser has already paid
Rs.20 lakhs and the entire amount towards the 25% of the share of the
minor is deposited in the Bank of India. 03The photocopies of the FDR
is also placed on record. The affidavit of Arvind Bhist is also placed on
record. He has also stated that the applicant and Kamlesh had agreed
to sell Flat No. 403 admeasuring 36.43 sq.mtrs in Dhiraj Enclave to him
for Rs.80 lakhs and he has paid token amount of Rs.20 lakhs. The
applicant has placed on record ready reckoner rate alongwith affidavit
Exh.3. The said flat No.403 appears to be admeasuring 36.43 sq.mtrs.
As per ready reckoner rates for the year 201920, the rates of the said
flat in that area would be 1,43,900/ per sq.mtr. As per mathematical
calculation, costs of the said flat would be Rs. 54.38 lakhs. The
proposed sell transaction appears to be beneficial to the minor also. It
is significant to note that amount of Rs. 20 lakhs which was received
towards earnest/taken amount is already deposited in the name of
minor in the bank. The applicant wants to utilize the amount of her
share in the sale consideration for satisfaction of the home loan, which
was taken by her and her husband. She has also stated that, she can
utilize her salary amount for upbringing and welfare of the minor.
6. Thus, I am of the opinion that the grounds for which the
-- 4 of 6 --
5 Guardian Petition No.175/19
applicant are seeking relief as guardian of minor appears to be
beneficial for the minor and it is in the interest of minor. The applicant
and minor are getting amount more than market rate after sale for the
interest of minor. Therefore, I am of the opinion that the application
deserves to be allowed. Accordingly, I proceed to pass order in
following terms.
ORDER
1. Guardian Petition No. 175 of 2019 is hereby allowed.
2. Petitioner Smt. Sakshe Bharat Basantani is appointed as Guardian
of minor Bhavik Bharat Basantani, under the Guardian and Wards Act
for his person and property i.e. Flat No. 403, Dhiraj Enclave 4AB of
CHS Ltd., Borivali (E) as described in ExhibitE colly.
3. The applicant is permitted to sell the share of the minor in the
said property to the proposed purchaser as contended in the
application.
4. The applicant shall deposit Rs.20 lakhs, which is 25% of the share
of the minor in Nationalise Bank in the name of minor Bhavik till he
attained age of majority. She shall not utilize the said amount without
permission of the Court.
5. The applicant shall produce copy of registered sale deed within
two months from the date of execution of sale in this Court.
6. Guardian Petition No. 175/2019 is disposed off accordingly.
( Ashutosh N. Karmarkar )
2nd Addl.Principal Judge,
Date : 04.01.2020 City Civil Court, Gr. Mumbai.
Dictated on : 04.01.2020
Transcribed on : 06.01.2020
Date of sign : 06.01.2020
-- 5 of 6 --
6 Guardian Petition No.175/19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 08.01.2020 5.50 P.M.
NAME OF STENOGRAPHER : S.S.BATHE
Name of Judge (with Court Room No.) Shri A.N. KARMARKAR
(C.R.No.54)
Date of Pronouncement of
JUDGMENT /ORDER
04.01.2020
JUDGMENT /ORDER signed by P.O. on 06.01.2020
JUDGMENT /ORDER uploaded on 08.01.2020
-- 6 of 6 --