The court granted leave for the sale of residential flats owned by minors, deeming the sale a legal necessity for the family's welfare and comfort.
Guardianship Petition made absolute allowing the sale of minors' interest in two residential flats.
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.
935-GPL-115-2016.DOC
JSN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION (L) NO. 115 OF 2016
Niki Arvind Parekh and Another… Petitioners
Mr. Gauraj Shah, with Manish Doshi i/b Vimadalal and Company for
the Petitioners.
CORAM:G.S. PATEL, J
DATED:26th October 2016
PC:-
1.The Petitioner seeks leave of the Court for the sale of the
minors’ interest in two residential flats. The Petitioners are the
parents of two minor daughters Sachii and Khhyaal about 12 and 8
years respectively today.
2.The Petitioner is also Karta and Manager of his own HUF.
Till November 2015, the family of four stayed Orchid Suburbia, Off
Link Road, Kandivali (West), Mumbai 400 067. This is a flat that
belonged to the 1st Petitioner and his mother. She died on 21st
November 2015. The 1st Petitioner’s HUF had purchased a
residential flat No.3201 on the 32nd Level of a building called
Estonia B, Hiranandani Heritage, Poisar Bridge, S.V. Road,
Kandivali (West), Mumbai 400 067. In July 2013 that HUF
purchased another Flat No.3202 in the same building. The
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26th October 2016
935-GPL-115-2016.DOC
Petitioners and their minor daughters shifted to these two flats on
24th January 2016. They have not be able to adjust to their new
home. They desire to sell it and to come back to their earlier flat.
They say they are uneasy in the new home and feel constantly
unsettled. The two minors are also unhappy in this new place. The
two minor girls are with their parents.
3.The aggregate purchase price of the two flats was Rs. 5
Crores. They are not of equal value but in the aggregate should fetch
a price of Rs. 7 Crores. I am satisfied that the interest of the parents
are not adverse to those of the minors and the proposed sale or
alienation is of the nature of a legal necessity and should be
permitted.
4.I will allow the Petition but I do not think that the declaration
in prayer clause (a) is at all necessary. The Guardianship Petition is
made absolute in terms of prayer clause (b).
5. All concerned to act on an authenticated copy of this Order.
6. The Registry is directed to number the Petition.
(G. S. PATEL, J.)
Page 2 of 2
26th October 2016
1 issue framed by the court
Whether leave may be granted for sale of minors' interest in residential flats.
Niki Arvind Parekh and Another
Sachii
Khhyaal
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court