Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Guardian Petition No.186/19
Registered on : 19.07.2019
Decided on : 28.01.2020
Duration : 00 Y. 06 M. Ds.12
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
GUARDIAN PETITION NO. 186 OF 2019
Master Parth Jitendra Dewoolkar
s/o Jitendra Govind Dewoolkar
Age 16 years, Occ: Education
Through his natural Guardian
Master Nidishi Jitendra Dewoolkar
s/o Jitendra Govind Dewoolkar
Age 11 years, Occ: Education
Through his natural Guardian
Jitendra Govind Dewoolkar
S/o. Govind Dewoolkar
Age 45 years, Occu: Professional
(Natural Father)
All R/o. 1501, 15th Floor,
Neo Vikram CHSL, Sahakar Nagar,
J.P.Road Andheri (W),
Mumbai 400 053 ...Petitioner
Appearance: Adv. Mrs. Avanti Mankar for the Petitioner.
Coram : Ashutosh N. Karmarkar,
2nd Addl. Principal Judge, (Court Room No. 54)
Dated : 28th January, 2020
JUDGMENT
1. This is an application for getting permission to sell or
mortgage the property of the minor.
2. The petitioner is the father of the two minor sons Master
Parth and Master Nidhish. Both the minor sons Parth and Nidhish born
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on 07.09.2002 and 16.01.2008 respectively. They are residing at
Sahakar Nagar, J.P.Road Andheri (W). They are governed by the Hindu
Minority and Guardianship Act. The applicant is competent to act as a
natural guardian of the minor. The applicant is seeking permission for
disposal of minors' share in the immovable property by way of sell
and/or mortgage. Those properties are flat bearing No. 603, situated at
Amboli, Andheri (W), flat No. 601 situated at D.N. Nagar, Andheri (W),
flat No. 1501 situated at Amboli, Andheri (W), flat No. 1301 situated at
Bandra (E), and flats Nos. 1401 and 1501 collectively situated at
Amboli, Andheri (W). These properties are described in detail in para
7 of the application.
3. According to the applicant, he is expanding business and
taking more projects to become financially stable. He also wants to
provide financial stability to his family in near future for the benefit of
the minors. Secondly, the applicant is in need of money for future
expenses i.e. educational costs and marriage expenses of minor.
Estimated market value of these properties are mentioned in para 10 of
the application. That value is shown as per the registration receipt of
the gift deed.
4. I have heard Ld. Advocate for the applicant.
5. It appears that the application is filed under Sec. 8 of
Hindu Minority and Guardianship Act r/w. Sec. 29 of the Guardians and
Wards Act. As per Sec. 8 of the Hindu Minority & Guardianship Act, the
natural guardian has power to do all the acts which are necessary,
reasonable and proper for the benefit of the minor or for the realization,
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protection or benefit of the minor's Estate.
6. According to Ld. Advocate for the applicant, no objections
are received after public notice. It is submitted that the properties were
gifted to petitioner's wife and minor sons.
7. It appears from the copies of gift deed that the flats
mentioned in the application were gifted by the applicantJitendra in
favour of his wife Anita and two minor sons in August, 2017. He has
gifted these flats in consideration of natural love and affection towards
them. After about two years, this application came to be filed. Age of
both the minor sons appeared to be 17 years and 12 years. The
applicant has not given any details about the expenses towards
education of both the minor sons. The costs of the properties appears
to be more than 12 crores in 2017. The applicant has also not stated as
to where his sons are studying. One of the grounds is that, he needs
amount for the marriage expenses of minors. It will be difficult to
digest this ground considering the age of the minor sons as on today.
The applicant has contended that he wants to expand business and also
wants to take more projects to become more stable financially. This
ground appears to be vague. The applicant has not mentioned in detail
as to which business he wants to expand and which project he wants to
develop. In absence of specific pleadings, it will be difficult to accept
that the said ground is reasonable and necessary or that it is proper for
the benefit of the minors.
8. The applicant has also not brought on record the present
market value of these properties and the value offered by the proposed
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purchaser. The details of it were necessary to ascertain whether the
proposed transaction will be in the interest and for the benefit of the
minors.
9. For the reasons stated above, I am of the opinion that the
petition deserves to be dismissed. Accordingly, I proceed to pass order
in following terms.
ORDER
Guardian Petition No. 186 of 2019 is hereby dismissed and
disposed off accordingly.
( Ashutosh N. Karmarkar )
2nd Addl. Principal Judge,
Date : 28.01.2020 City Civil Court, Gr. Mumbai.
Dictated on : 28.01.2020
Transcribed on : 31.01.2020
Date of sign : 01.02.2020
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5 Guardian Petition No.186/19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 01.02.2020 5.15 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
28.01.2020
JUDGMENT /ORDER signed by P.O. on 01.02.2020
JUDGMENT /ORDER uploaded on 01.02.2020
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