S.S.Ramila v. No Respondent
Case brief
What is this about?
Allowed a petition under the Hindu Minority and Guardianship Act seeking permission to sell property to fund a minor's education. Ordered sale and creation of a bank account for the minor's share.
What did the court decide?
Partition sale authorized; deposit of the minor's share in Indian Bank, High Court Branch, Chennai; petitioner to render annual accounts.
What the court decided
OP.No.645 of 2019
OP.No.645 of 2019
K.KALYANASUNDARAM.,J
This Original Petition has been filed under Section 8(2) of the Hindu Minority and Guardianship Act, 1956 r/w Order XXI Rule 2 and 3 of O.S.Rules
seeking permission to sell the 1/3 rd share of the minor in the property viz., No.195, New Door No.8, Bells Road, Chepauk, Chennai-600 005.
2. In the petition, it is stated that the husband of the petitioner died on
13.05.2016 leaving behind his wife, son and daughter as his class I legal heirs
and only next of kin and particulars of which are hereunder given:-
3. It is further stated that after the death of her husband, the
petitioner is entitled to 1/3 rd of share of the schedule mentioned property, while the son and minor daughter are jointly entitled to 2/3 rd share of the property.
The petitioner has decided to sell the property to enable her to take care of the
Issues for consideration
2 issues framed by the court
Whether permission is required to sell the share of a minor held by the guardian.
Whether the explanation regarding the minor's education expenses satisfies the requirement for sale.
Parties & counsel
- petitioner
K.KALYANASUNDARAM
- respondent
S.S.Swetha
Coram
K.KALYANASUNDARAM
Case details
As recorded by the court registry
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