The High Court permitted the petitioner to sell two properties constituting part of the deceased estate after verifying consent from adult heirs and accepting an undertaking to deposit the minor daughter's share in court.
Permission for sale of Plot Nos. 42 and 44 with conditions to deposit the minor daughter's share in Court.
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.
4-JOT-123-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
JUDGES ORDER NO. 123 OF 2024 IN
TESTAMENTARY PETITION NON. 3756 OF 2022
Trupti Purav Dave ...Petitioner Versus Purav Vardhishankar Dave ...Deceased AND
JUDGES ORDER NO. 124 OF 2024 IN TESTAMENTARY PETITION NON. 3756 OF 2022
Trupti Purav Dave ...Petitioner Versus Purav Vardhishankar Dave ...Deceased
Ms. Pranjali Bhandari Advocate for Petitioner.
ETHAPEDNYANESHWARASHOK Digitally signedby ETHAPEDNYANESHWARASHOKDate: 2024.08.1915:14:13 +0530
CORAM : N. J. JAMADAR, J. DATE : 16th AUGUST 2024
PC.:
Court to sell two of the properties of Purav Vardhishankar Dave
@ Purav V. Dave @ P. V. Dave (the deceased).
of the Purav V. Dave (the deceased), were granted by an order
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D.A.ETHAPE
4-JOT-123-2024.doc
dated 5th July 2023. The deceased has left behind Mrs.Pushpa V. Dave, the mother, Ms.Trupti Purav Dave, the wife/petitioner, and two daughters namely, Ms.Eshita Purav Dave and Vrutee Purav Dave. Ms.Pushpa V. Dave, the mother of the deceased, has relinquished her share in the properties of the deceased by executing the release deeds dated 5th September 2023.
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D.A.ETHAPE
4-JOT-123-2024.doc
sale of the properties. The petitioner has also filed an affidavit on behalf of the Ms.Vrutee Dave, in the capacity of natural guardian of Ms.Vrutee Dave. The consideration for which the properties are proposed to be sold also appears to be optimum.
Ms.Vrutee Dave, her minor daughter, in the Court, I do not find any impediment in allowing the petitioner to sell aforesaid properties subject to the condition of depositing the share of Ms.Vrutee Dave, the minor daughter, in the Court.
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D.A.ETHAPE
3 issues framed by the court
Whether permission to sell assets of a deceased's estate should be granted when a minor beneficiary's share is deposited in court.
Whether consent of adult legal heirs is sufficient for sale of estate properties subject to safeguards for a minor's share.
Whether the proposed sale consideration and safeguards for the minor daughter satisfy the requirements for granting permission to sell.
Trupti Purav Dave
Purav Vardhishankar Dave
N. J. Jamadar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
