Allowed

Satish Krishna Kamath v. Siddharth Satish Kamath ( Minor)

Bombay HC22 Apr 2016GP/15/2016

Case brief

AI extract

What is this about?

This guardianship petition seeks leave for the petitioner, a natural guardian, to sell a minor's undivided interest in immovable property. The court dispensed with statutory notice and appointed the petitioner as guardian without security or remuneration to facilitate the sale.

What did the court decide?

Notice under Section 11 of the Guardians and Wards Act dispensed with; Petitioner appointed guardian of the minor without security or remuneration.

Satish Krishna Kamath Vs Siddharth Satish… — Pension and Retirement Benefits | Bombay HC (2016)

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922-GPL-82-2015.DOC

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JSN

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION (L) NO.82 OF 2015

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Shri Satish Krishna Kamath

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…Petitioner

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Mr. Vikram Pai , for the Petitioner.

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CORAM:G.S. PATEL, J
DATED:22nd April 2016

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PC:-

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1.This is a Guardianship Petition filed under the Guardians &
Wards Act, 1890. The Petitioner, Satish Krishna Kamath
(“Satish”) is the father and natural guardian of the minor
Siddharth Satish Kamath (“Siddharth”, “the minor”). The
Petition is necessary as the Satish seeks leave of the Court to sell
and alienate Siddharth’s interest in an immovable property.

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2. A few facts are necessary.

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3.Satish and his wife Aruna Satish Kamath (“Aruna”) were
married on 3rd December 1990. Siddharth was born on 17th
October 1999. After marriage both Satish and Aruna lived at a flat
in Matunga. Satish’s father Mr. Krishna Manjunath Kamath
(“Krishna”) and his mother Smt Usha Manjunath Kamath, as also
Satish’s younger brother Ramesh reside in an adjacent Flat No.6 in

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922-GPL-82-2015.DOC

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the same building. The two flats, being adjacent, are treated as one.
The flat in which Satish and Aruna reside with Siddharth stands
jointly in the name of Satish’s father, Krishna and Satish. Flat No.6
stands in the name of Satish’s brother Ramesh.

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4.Satish says that his father, Krishna, by a registered gift deed
dated 22nd December 2014 gifted Flat No.5, or, at any rate,
Krishna’s interest in Flat No.5 to Satish and Siddharth. The gift
deed dated 22nd December 2014 was executed, registered and
submitted to the society which thereupon made the necessary
changes in its records. The gift deed effectively meant that the
Satish is now the owner of a 75% undivided right, title and interest
in Flat No.5 at Matunga Sandeep Co-Operative Housing Society
Ltd., 11th Laxmi Narayan Lane, Matunga, Mumbai 400 019, and
Siddharth has the remaining 25% undivided right therein.

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5.It seems that Satish and Aruna believe that looking to the
future, it is in their interests to sell this flat and to acquire larger
premises for themselves and the minor. To this end they will
require to sell the present flat, and that means alienating the
minor’s 25% undivided interest in their flat.

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6.Satish and Aruna have already identified buyer, one S. Thivu
Pillai. An agreement has been drawn up. An advance of Rs.25 lacs
has been paid towards the minor’s interest. The sale is yet to be
confirmed. In the meantime Satish has invested this Rs.25,00,000/-
in an another immovable property in Siddharth’s name under an
agreement with one Shree Chinmay Gaurang Infrastructure in

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922-GPL-82-2015.DOC

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respect of a Flat in a building known as Shree Chinmay Gaurang
Gruhsanukul at Panvel. I am shown a copy of the agreement.

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7. Having considered the material annexed to the Petition and having heard the learned Advocate for the Petitioner, I am satisfied that the reliefs sought required to be granted.

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8. The Petition is accordingly made absolute in terms of prayers (a) and (b) which read as follows.

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(a) That the Notice under Section 11 of the Guardian & 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 abovenamed as the Guardian (without security and remuneration) of the abovenamed Master Siddharth who was born on 17th October 1999 from the wedlock of the Petitioner and his wife Mrs. Aruna Satish Kamath.

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

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(G. S. PATEL, J.)

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Satish Krishna Kamath v. Siddharth Satish Kamath ( Minor)

Case brief

What is this about?

What did the court decide?

Satish Krishna Kamath v. Siddharth Satish Kamath ( Minor)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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