The petitioner, mother of a minor, sought appointment as guardian and permission to lease the minor's inherited share of co-op society premises to Bank of India. The court granted all prayers.
Appointment of petitioner as guardian; dispensation of notice under Section 11; permission to lease minor's property share to Bank of India.
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6-GP-38-2015.DOC
JSN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO.38 OF 2015
Smt. Jelam Shitesh Jobanputra…Petitioner
Mr. M.S. Lad, for the Petitioner.
CORAM:G.S. PATEL, J
DATED:5th July 2016
PC:-
1.The Petitioner is the mother of a female minor, Deetya, born
on 30th November 2006. The Petitioner’s husband, Deetya’s father,
Shitesh, died in Kerala on 29th May 2008. He died intestate. His
father predeceased him. During his lifetime, Shitesh owned shop
No.4 in the Om Shivam Co-Op. Hsg. Society Ltd., Mulund (West),
Mumbai 400 080. On his death, he was survived by the Petitioner,
his widow; the minor, Deetya; and his mother, Lata. The shop
premises were redeveloped. The Society and Developer allotted an
new shop No.1 in lieu of old shop No.4. The necessary share
certificate transfers were effected. The heirs are now the owners of
the shop premises. Clearly, therefore, the minor has a undivided
one-third share right, title and interest in that shop.
2.The application before me today is that the mother, the
Petitioner, be appointed as guardian of the minor and further that
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5 July 2016
6-GP-38-2015.DOC
the Petitioner be allowed to give least the premises to Bank of India;
to deposit one-third of the compensation received as the minor’s
share, and to allow it to be used for the minor’s welfare and
education. There is no alienation of the immovable property
proposed. It is to be given on the lease.
3.The Petition is made absolute in terms of prayer clauses (a),
(b) and (c) which read as follows:
(a)That the Notice under Section 11 of the Guardian
and Wards Act may be dispensed with;
(b)That this Hon’ble Court be pleased to appoint
the Petitioner as the Guardian of the minor without
remuneration and with authority of the person and
property of the above named minor;
(c)That this Hon’ble Court be pleased to allow the
Petitioner to give on lease basis the said premises i.e.
Shop No.1 (Old Shop No.4) Om Shivam Co-Op. Hsg.,
Society Ltd., Dr. R.P. Road, Mulund (West), Mumbai – 400
080 to the Bank of India and allow to collect rent /
compensation from the Bank of India on behalf of the
minor’s share and allow to sue the said amount for
minor’s welfare and education.
4.The Petitioner will, till the minor attains majority, file and
submit annual accounts of the utilisation of the minor’s share of the
said proceeds. These accounts are to be filed on Affidavit on or
before end of the first week of December each year.
(G. S. PATEL, J.)
Page 2 of 2
5 July 2016
3 issues framed by the court
Whether the Notice under Section 11 of the Guardian and Wards Act needs to be issued since the petitioner is the mother.
Whether this Hon'ble Court can appoint the petitioner as the guardian of the minor.
Whether the petitioner can be allowed to lease the minor's share of the inherited property to the Bank of India for the minor's welfare.
1 provisions across 1 enactments
Smt. Jelam Shitesh Jobanputra
Deetya
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court