Allowed

Shaikh Mohammed Akbar Abdulla v. Mohammed Hasan Altaf Shaikh ..Minor

Bombay HC27 Apr 2016GP/14/2016

Case brief

AI extract

What is this about?

The High Court of Bombay Family法官 granted a guardianship petition filed by the petitioner, the paternal uncle of a minor orphaned in a road accident. The Court appointed the petitioner as guardian of the minor's person and property subject to a safeguard requiring a separate petition for any future sale of the property.

What did the court decide?

Petitioner appointed guardian of the minor's person and property; notice under Section 11 dispensed with; sale of property requires separate petition.

Shaikh Mohammed Akbar Abdulla Vs Mohammed… — Child Custody and Guardianship | Bombay HC (2016)

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911-GPL45-16.DOC

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ATUL

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION (L) NO. 45 OF 2016

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Mr. Shaikh Mohammed Akbar Abdulla…Petitioner

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Mr. Ramdas Hake Patil, for the Petitioner.

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CORAM:G.S. PATEL, J
DATED:27th April 2016

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PC:-

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1.This is a Petition under Guardians and Wards Act, 1890. One
Mohammed Altaf Abdulla Shaikh (“Mohammed Altaf”) and one
Mehrunisa were married on 6th July 2007 in Mumbai. They had a
son, Mohammed Hasan, born on 9th August 2008 in Abu Dhabi,
UAE. His birth certificate is annexed.

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2.Since 2006, Mohammed Altaf worked in a Company in Abu
Dhabi, UAE. After marriage, he sought a visa for Mehrunisa and
both parties then shifted to Abu Dhabi, UAE.

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3.It seems that both Mohammed Altaf and Mehrunisa were
killed in a road accident on 28th May 2010 in Abu Dhabi. Both died
on the spot. The necessary death certificates are annexed.

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27 April 2016

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4.While working in Abu Dhabi, Mohammed Altaf had
purchased a flat in Mumbai being Room No. 42, 3rd Floor, Agoshe
Aman Cooperative Housing Society, 208, Nishanpada Road, Near
Dawood Fazal School, Mumbai – 400 009. A copy of the agreement
dated 9th October 2009 is at Exhibit “E” to the Petition.

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5.The minor Mohammed Hasan thus has succeeded to his
father’s interest or, at any rate, would have an interest in part of the
said property.

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6.It is stated in the Petition that this is the only property left by
the father of the minor. Since his parents’ death, the minor
Mohammed Hasan first resided with his paternal uncle Mr.
Mohammed Akbar Abdulla Shaikh, i.e., Mohammed Altaf’s brother
and his paternal grandmother at another address in Karim Mistry
Building, Tanantanpura Street, Mumbai 400 009.

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7.The Petitioner, the paternal uncle of the minor, states that the
minor is attached to him and is residing with him now in Muscat. He
desires to keep the minor overseas with him to Muscat, where the
Petitioner works and where he can better provide for the minor’s
education. The Petitioner points out that in Mumbai there are only
two sets of grandparents who are of advanced years and cannot be
expected to take on the responsibility of look after a growing male
child. The minor is in fact already studying in Muscat, Oman at an
Indian School. Report cards evidencing this are annexed. The
Petitioner confirms that he has no interest adverse to that of the

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27 April 2016

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minor and that he stands and wishes to stand in place and stead of
the minor’s natural parents.

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8.The parents of Mohammed Altaf and the parents of
Mehrunisa have granted their no objection by means of an Affidavit
which is at Exhibit “F” to this Petition.

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9.Having regard to the situation, I am inclined to grant the
Petition with one additional safeguard. The Petition is made
absolute in terms of prayer clauses (a) to (d), which read as follows:

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“(a) that the Notice under Section 11 of the Guardian and Wards Act VIII of 1890, may be dispensed with;

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(b) that this Hon’ble Court may be pleased to appoint the Petitioner above named as the Guardian (without security and remuneration) of the above named Master Mohammed Hasan who was born on 9th August 2008 to Late Mr. Mohammed Altaf Abdulla Shaikh and Late Mrs. Mehrunisa Mohammed Altaf Shaikh;

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(c)that this Hon’ble Court may be pleased to
appoint the Petitioner above named as the
Guardian (without security and remuneration) of
the property situate at 208, Nishanpada Road,
Agoshe Aman Cooperative Housing Society, 3rd
Floor, Room No. 42, Near Dawood Fazal School,
Mumbai – 400 009 of Master Mohammed Hasan
left by his father Late Mr. Mohammed Altaf
Abdulla Shaikh & Late Mrs. Mehrunisa
Mohammed Altaf Shaikh;

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27 April 2016

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(d) that the Petitioner may be granted leave to apply to this Hon’ble Court as and when there may be occasion to arise;”

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10.It is further clarified that should the Petitioner seek at any
time to alienate the minor’s interest in property, including the said
flat, he will need to do so by a separate Petition obtaining leave of
this Court. The present order is not to be construed or interpret as
granting the Petitioner leave to alienate the minor’s interest in any
immovable property.

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11.All concerned to act on an authenticated copy of this order.

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(G. S. PATEL, J.)

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27 April 2016

Shaikh Mohammed Akbar Abdulla v. Mohammed Hasan Altaf Shaikh ..Minor

Case brief

What is this about?

What did the court decide?

Shaikh Mohammed Akbar Abdulla v. Mohammed Hasan Altaf Shaikh ..Minor

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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