P.Rani v. No Respondent
Case brief
What is this about?
Petitioner sought permission to sell the minor Deepika's 1/32nd share in ancestral property under Section 8. Court dismissed objection regarding division due to small share and multiple heirs, permitting sale in minor's interest with proceeds secured as a fixed deposit.
What did the court decide?
Permission to sell minor's share granted; proceeds to be deposited as interest-bearing fixed deposit with Registrar General.
What the court decided
1
O.P.No.422 of 2019
R.SUBRAMANIAN.J.,
The petition has been filed under Section 8 of Hindu Minority and Guardianship Act seeking permission for sale of the share of the minor
P.Deepika in the property described in the schedule to the petition.
- The property that is subject matter of the petition measures about 1490 sq.ft and it belonged to one Kabali who died on 10.11.1987 leaving behind his wife and seven children. One of the sons Parthasarathy died leaving behind his mother Sagunthala, wife Rani - the petitioner herein and two children viz., Dhinesh and Deepika (the minor). The minor is therefore
entitled to 1/32nd share in the property which measures about 1490 sq.ft.
- The petitioner has been examined as PW1. She has filed a proof affidavit reiterating the averments contained in the petition stating that the
sale will be in the interest of the minor. She has produced the death certificate of late Kabali as Ex.P2 and his legal heirship certificate has been produced as Ex.P3. The death certificate and legal heirship certificate of K.Parthasarathy father of the minor has been produced as Ex.P4 and Ex.P5.
Issues for consideration
3 issues framed by the court
Whether permission for sale of the minor's property share under Section 8 of the Hindu Minority and Guardianship Act is required.
Whether division of property is feasible given the extent and number of heirs.
Whether sale of the property is in the interest of the minor Deepika.
Parties & counsel
- petitioner
Rani
- respondent
Deepika
Coram
R.Subramanian
Case details
As recorded by the court registry
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