Allowed father's application for permission to alienate minor daughter's tenanted building property to develop new flats in her interest.
Permission granted to alienate minor's property for development; new flat in minor's name.
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1
PGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Guardianship Petition No.42 of 2010
Mr.Dharmesh Ramchandran Pandit....Petitioner
Mr.Bipin Joshi for Petitioner.
CORAM : SMT.ROSHAN DALVI, J.
DATED :2nd September, 2010
P.C. :
1.The father, who is otherwise the natural guardian of the child, has applied for permission to alienate the property of his minor daughter Vidhi Dharmesh Pandit in the development rights of himself along with his wife in the entire property which is being developed, including the property of the minor.2.The minor child was gifted the property by his grandfather who has since expired. It is contended that the property belonging to the minor has been developed by the Petitioner and his wife. The minor�s property, which is a tenanted building, is also sought to be demolished and redeveloped. The Gift Deed shows the valuation of the property to be Rs.2.51 Lakhs, for which Rs.25,100/- have been paid as stamp duty. The2
present value of the building gifted to the minor is
stated to be Rs.93.51 Lakhs as mentioned in the
valuer�s report dated 15thDecember 2009. The
Petitioner has undertaken to sell a part of a flat of
1000 sq. feet in area in the newly constructed building
which is stated to be able to fetch Rs.1 Crore.
3.Consequently, the alienation is in the interest of the child. Hence, the Petition is allowed in terms of prayer (b). The flat in the newly constructed building shall stand in the name of the minor-Vidhi Dharmesh Pandit.( SMT.ROSHAN DALVI, J.)
1 issue framed by the court
Whether permission to alienate minor daughter's property to outskirts her father and wife commercially sound and beneficial to her.
1 provisions across 1 enactments
Dharmesh Ramchandran Pandit
Vidhi Dharmesh Pandit
Roshan Dalvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court