Final Order 1

Order Details: Other
Pdf Text: Order ..1 Guardian Petition No.204/2019
MHCC010067732019
IN THE CITY CIVIL COURT AT GREATER MUMBAI
GUARDIAN PETITION NO.204 OF 2019
Aditi Sagar Gandhi
Age: 40 years,
Residing at Village Yelane,
Post Malkapur, Shahuwadi Kolhapur,
Maharashtra 415 101 and also
residing at Flat No.603, 6th floor,
Chandradarshan CHS Ltd.
R.K.Vaidya Road, Dadar (W),
Mumbai 400028. ...Petitioner
Appearance
Advocate Harshad Rajeshirke for the petitioner.
CORAM : HIS HONOUR JUDGE
A.P. Kanade
(Court No.: 2)
DATED : 7th August 2023.
O R D E R
1. The petitioner has filed this petition to appoint her as a guardian
of minor Padmalaxmi Sagar Gandhi under section 8(2) of the Hindu
Minority and Guardianship Act, 1956 and for permission to sell share of
the minor Padmalaxmi Sagar Gandhi under section 29 of the Guardian
and Wards Act.
2. The brief facts of petitioner are as under;
Petitioner is the mother and natural guardian of a minor daughter
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Order ..2 Guardian Petition No.204/2019
Padmalaxmi Sagar Gandhi. Padmalaxmi Sagar Gandhi born on
02/02/2010. Petitioner's husband Sagar Uttam Gandhi died on
09/02/2019 leaving behind petitioner and minor daughter Padmalaxmi
Sagar Gandhi. The husband of petitioner Sagar Uttam Gandhi is the
owner of flat no. 603, admeasuring about 28.96 sq. mtrs., situated on
the 6th floor of the building known as Chandradarshan CHS Ltd., R. K.
Vaidya Road, Dadar (W), Mumbai 400028. Petitioner is intending to
sell the said flat. Petitioner and Padmalaxmi Sagar Gandhi have share in
the said flat. The petitioner will invest the amount of the share of the
minor and will use the same for her welfare. Hence, prayed to allow the
application.
3. Public notice and citation issued in daily newspaper. However no
one raised objection. Heard advocate for petitioner.
4. Ms. Padmalaxmi Sagar Gandhi is the daughter of the petitioner
and she was born on 02.02.2010. She is minor. Petitioner’s husband
Sagar Uttam Gandhi died on 09.02.2019. Petitioner has filed her
affidavit. It appears that petitioner is natural guardian of minor.
Her interest is not adverse. Further, the transaction is for the benefit of
minor. Therefore, petitioner is the fit person to appoint as a guardian of
Padmalaxmi Sagar Gandhi. Hence, following order.
ORDER
1. The petitioner Smt. Aditi Sagar Gandhi is appointed as a guardian
of minor Padmalaxmi Sagar Gandhi under section 8(2) of the Hindu
Minority and Guardianship Act, 1956.
2. Permission is given to the petitioner to sale the share of minor
Padmalaxmi Sagar Gandhi in flat no. 603, admeasuring about 28.96 sq.
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Order ..3 Guardian Petition No.204/2019
mtrs., 6th floor, Chandradarshan CHS Ltd., R. K. Vaidya Road, Dadar
(W), Mumbai 400028.
3. Petitioner has further directed to submit the copy of agreement/
sale deed of the flat and also directed to deposit amount of
consideration of the share of minor Padmalaxmi Sagar Gandhi in any
nationalized Bank till she attains majority. Petitioner is further directed
to file the receipt of fixed deposit amount in the Court.
4. The petition is allowed and disposed off accordingly.
(A.P. Kanade)
Judge, City Civil Court, Gr. Mumbai
Dated : 07.08.2023
Typed on : 07.08.2023
HHJ signed on : 07.08.2023
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Order ..4 Guardian Petition No.204/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATE 07.08.2023, 2.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.2)
H.H.J. Shri. A.P. Kanade
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
07.08.2023
JUDGMENT/ORDER signed by P.O.
on
07.08.2023
JUDGMENT/ORDER uploaded on 07.08.2023
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