Order 1

Order Details: Copy of Judgment
Pdf Text: Presented on : 11/06/2018
Registered on : 21/06/2018
Decided on : 27/11/2018
Duration : 00Y 05M 16D
Exhibit: 7
IN THE COURT OF SESSION FOR GREATER BOMBAY, BOMBAY.
GUARDIANSHIP PETITION NO.304 OF 2018
CNR NO.: MHCC020069492018
Rajendra Krishna More ] PETITIONER
Aged: 47 years, Hindu, Indian Inhabitant, ]
Occ.: Business, R/o.: 50, Khatav Building, ]
Dr. S.S. Rao Road, Near IncomeTax Office, ]
Parel, Mumbai – 400 012. ]
APPEARANCE:
Mr. Shashikant Shankar, Advocate for the Petitioner.
APPLICATION UNDER SECTION 8 (2)(a) OF HINDU MINORITY AND
GUARDIANSHIP ACT AND SECTION 7 (1) OF THE GUARDIANS AND
WARDS ACT, 1890
CORAM : SHRI S.V. YARLAGADDA
ADDITIONAL SESSIONS JUDGE
(Court Room No.54)
DATE : 27th November, 2018.
J U D G M E N T
(Dictated and pronounced in open Court)
The petitioner Rajendra is brother of Manohar Krishna
More. Manohar Krishna More and his wife Vaibhavi purchased a flat
bearing no.708, ‘C’ Wing, 7th Floor, Shree Ganesh Nagar CHS Ltd.,
Lalbaug, Mumbai – 400 012. According to the petitioner, Manohar’s
-- 1 of 5 --
2
wife Vaibhavi died intestate on 01.01.2011. Manohar also died
intestate on 24.10.2017, leaving behind him, his mother Sumitra,
daughter Nikita (born on 14.05.1995) and minor daughter Manavai
(born on 13.01.2003). Before his death, on 28.09.2017, Manohar
entered into an agreement to sell the said flat to Naresh Ramesh Lad
and his wife Sneha by a registered document. Out of the consideration
of Rs.98,50,000/, an amount of Rs.75,07,500/ was received by
Manohar Krishna More. The amount of Rs.23,48,500/ remained to be
received as the final installment. After the death of Manohar Krishna
More, Sumitra, Nikita and Manavai are the only legal heirs. They are
residing with the petitioner. In order to complete the above mentioned
transaction dated 28.09.2017, the petitioner is seeking his appointment
as guardian for the minor Manavai Manohar More and as Manager to
her property of amounts lying in the Bank, to be transferred to Manavai
and others as Naresh Lad and his wife were granted a Bank loan for
purchasing the said flat.
2. The following are the points for determination and my
findings.
POINTS FINDINGS
1. Whether the petitioner is a fit person to
be appointed as guardian for the minor
Manavai Manohar More ?
Yes.
2. Whether permission is liable to be
granted for completing the sale
transaction entered into by deceased
Manohar Krishna More ?
Yes.
3. What Order ? Petition is allowed.
-- 2 of 5 --
3
REASONS FOR THE FINDINGS
POINTS NO.1 & 2:
3. Nikita – the sister of Manavai Manohar More filed her
affidavit and gave no objection. The petitioner filed affidavit in support
of his petition. He mentioned that he is having his own advertising
agency and is carrying on his business since more than 20 years. He has
no conflict of interest with the minor.
4. As per section 17 of the Guardians and Wards Act, 1890,
the welfare of the minor, her age, sex and religion character and
capacity of the petitioner and his nearness of kin to the minor and the
wishes of the deceased parent, if any and also relation of the petitioner
with the minor’s property, are to be considered. In the above mentioned
facts, the petitioner appears to be fit for being appointed as her
guardian. The nearest relative of the minor i.e. her sister Nikita already
filed a supporting affidavit. Hence, notice under section 31 (4) of the
said Act is dispensed with.
5. Section 29 of the said Act prohibits certain dealings with
the property of the minor without previous permission of the Court. The
Court has to consider the case of necessity or an evident advantage to
the minor while granting such permission. In the present case, deceased
Manohar Krishna More entered into a registered agreement dated
28.09.2017 to sell the said flat to Naresh Lad and his wife for a
consideration of Rs.98.5 lakhs. The minor is residing with petitioner. In
view of the said agreement and receipt of a major portion of the amount
of the consideration, it is a case of necessity. Hence, the permission has
to be granted.
-- 3 of 5 --
4
6. The petitioner is found to be a fit person to be appointed as
a guardian for Manavai. The amount of Rs.23,45,500/ to be received
as the balance of consideration, needs to be directed to be deposited in
a fixed deposit to the extent of the share of the minor till she becomes
major. Hence, points no.1 and 2 are answered in affirmative and the
following order is passed.
FINAL ORDER
(1) The petition is allowed.
(2) The petitioner Rajendra More is appointed as guardian under
section 7 (1) of the Guardians and Wards Act, 1890 for the minor
Manavai – daughter of Manohar Krishna More (born on
13.01.2003) and permission is granted under section 29 (a) of the
said Act to complete the sale transaction as per the agreement
dated 28.09.2017 in favour of Naresh Ramesh Lad and his wife
Sneha.
(3) The onethird amount of the amount of balance of consideration of
Rs.23,45,500/ as the share of the minor Manavai Manohar More,
be kept in fixed deposit in a Nationalized Bank till she becomes
major.
(4) The petitioner shall discharge his liability as a guardian of Manavai
Manohar More as per the provisions of the Guardians and Wards
Act as well as the Hindu Minority and Guardianship Act.
The petition is allowed and disposed off accordingly.
(S.V. YARLAGADDA)
Additional Sessions Judge,
Date: 27/11/2018. Greater Bombay.
Order Dictated on : 27/11/2018
Transcribed on : 28/11/2018
Signed on : 28/11/2018
-- 4 of 5 --
5
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
28/11/2018 at 4.30 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 Order 27/11/2018
Order signed by P.O. on 28/11/2018
Order uploaded on 28/11/2018
-- 5 of 5 --