An appeal against an order refusing to grant permission to a minor guardian to sell jointly inherited property, refusing appointment of counsel for respondents, and admitting the appeal with the lower court record summoned.
The appeal was admitted; lower court record summoned for further proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 4
Case :- FIRST APPEAL FROM ORDER No. - 343 of 2024
Appellant :- Mrs. Uma Rawat @ Mrs. Uma Prem Chandra Rawat And 2 Others Respondent :- Mrs. Kanhaiya Lal Rawat And 2 Others Counsel for Appellant :- Gayatri Singh Counsel for Respondent :- Dr. Shipra Tripathi,Harshvardhan
Hon'ble Rajnish Kumar,J.
"Dr.Shipra Tripathi, Shri Harshvardhan and Ms.Saloni Mahawar, Advocates have filed Power on behalf of respondents no.1 and 2 which are taken on record.
Heard Shri Tungesh Pandey, learned counsel for the appellants.
He submits that the appellant no.1 had a joint property with her husband who has died, therefore, her share devolved on the appellants and the respondent no.2, who has transferred his share to the appellants no.2 and 3. The property is at Mumbai and the appellant no.1 is working at Lucknow, therefore, she is unable to manage the property, therefore the applicant had moved an application under Section 7/8 and 9 of the Guardians and Wards Act, 1890. The court below has appointed the appellant no.1 as Guardian, however, refused to grant permission to sell the property, whereas the appellant no.1 had given an undertaking that the sale consideration shall be invested 50% each in the name of minor appellant no.2 and 3.
Matter requires consideration.
Issue notice to the respondent no.3.
Steps to be taken within ten days.
List on 2nd December 2024 showing the names of Dr.Shipra Tripathi, Shri Harshvardhan and Ms.Saloni Mahawar, Advocates as counsel for the respondents."
Admit.
Summon the lower court record.
List in the first week of January, 2025 showing Chief Standing Counsel as counsel for the respondents as Shri Hari Govind Upadhyay, learned Additional Chief Standing Counsel submits that he could not get the instructions.
In the meantime, objection, if any, may be filed.
...................................................................(Rajnish Kumar, J.) Order Date :- 2.12.2024 Haseen U.
Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the appeal is maintainable regarding the appellate court's refusal to permit the sale of joint property by the appointed guardian
Whether notice served on respondent no.3 is sufficient for the proceedings
Whether the undertaking to invest sale consideration is acceptable for granting permission to sell
1 provisions across 1 enactments
Mrs. Uma Rawat @ Mrs. Uma Prem Chandra Rawat And 2 Others
Mrs. Kanhaiya Lal Rawat And 2 Others
Rajnish Kumar
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
