Kirank.Jain v. Kamala Devi
Case brief
What is this about?
The court permitted the petitioner to sell the minors' share in a property in Chennai. The sale proceeds were directed to be deposited in a fixed deposit; receipts to be lodged with the Registrar General for maintenance purposes.
What did the court decide?
Permission to sell minors' share; direction to deposit Rs.19.8 lakhs in fixed deposit; interest to be utilized for maintenance.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 18TH DAY OF JULY 2019
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
O.P. No.522 of 2019
In the matter of Hindu Minority and Guardianship Act, 1956 Minors Purvimousha alias Purvi K.Jain, Moksha K.Jain and Mannan K. Jain
Mrs.Kiran K. Jain, W/o.Late B.Kiran Kumar Jain, Flat No.B 11B, ArihantSivasakthi Apartments, No.97, Sydenhams Road, Periamet, Chennai-600 003. ... Petitioner -VersusMrs.Kamala Devi, W/o.Mr.Babulal Jain, Flat No.B 11B, ArihantSivasakthi Apartments, No.97, Sydenhams Road, Periamet, Chennai-600 003. ... Respondent
Original Petition praying that this Hon'ble Court may be pleased to:-
a) permit the petitioner to sell the minors' share and that the said natural guardian may be at liberty to invest the net share amount of minor Purvimousha alias Purvi K.Jain, Moksha K. Jain and Mannan K. Jain from and out of the sale consideration;
b) permit the petitioner to receive interest once in three months from the deposit of the minor Purvimousha alias Purvi K.Jain, Moksha K. Jain and Mannan K. Jain to maintain and educate them.
Issues for consideration
3 issues framed by the court
Whether the court can permit the petitioner to sell the share of the minor in the property and invest the proceeds.
Whether the petitioner is entitled to receive interest from the minor's deposit for their maintenance and education.
Whether the proposed sale of the minor's share is in the interest of the minors.
Parties & counsel
- petitioner
Mrs. Kiran K. Jain
- respondent
Mrs. Kamala Devi
- other
Minors Purvimousha alias Purvi K. Jain, Moksha K. Jain and Mannan K. Jain
Coram
Case details
As recorded by the court registry
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