The Court allowed applications filed by two minor applicants seeking to be declared as majors and for the discharge of their natural guardian, Mrs. D.Yasoda, who had been acting as their representative since they were minors.
The applicants were declared as majors and their natural guardian, D.Yasoda, was discharged from guardianship.
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1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION)
FRIDAY, THE 23RD DAY OF JULY 2021
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
A.Nos.2397 and 2398 of 2021 in TOS.No.30 of 1998 in (O.P.No.185 of 1984)
In the matter of the Indian Succession Act XXXIX of 1925
and
In the matter of the Last Will and Testament of N.Dakshinamoorthy - Deceased
1.Latha
2.Sujatha,
Both are minrs and rep. by their mother and guardian D.Yasoda.
..Petitioner/Plaintiff
-Vs.-
Swaminathan
..Defendant
A.No.2397 of 2021:
1.Latha 2.Sujatha Old No.16/2, Aziz Mulk 4th Street, Thousand Lights, Chennai-600 006. https://hcservices.ecourts.gov.in/hcservices/
..Applicants/Plaintiffs
Vs
2
1.D.Yasoda
Old No.16/2, Aziz Mulk 4th Street, Thousand Lights, Chennai-600 006.
..Respondent/Plaintiff
2.Swaminathan residing at No.39/16, Azeez Mulk 1st Street, Thousand Lights, Madras-600 006.
..Respondent/ Defendant
Application praying that this Hon'ble Court be pleased to applicants 1.Mrs.S.Latha, 2.Mrs.S.Sujatha who have attained majority on 13.09.1991 and 28.11.1992 respectively should be declare as Majors in I.A.No.18/2021 in T.O.S.30/1998.
A.No.2398 of 2021: 1.D.S.Latha 2.D.S.Sujatha All minors Rep. by their Mother and natural Guardian Mrs.D.Yasoda Old No.16/2, Aziz Mulk 4th Street, Thousand Lights, Chennai-600 006. ..Applicants/Plaintiffs Vs Swaminathan, residing at No.39/16, Aeez Mulk 1st Street, Thousand Lights, Madras-600 006. ..Respondent/Defendants
3
Application praying that this Hon'ble Court be pleased to applicants mother and natural Guardian Mrs.D.Yasoda should be discharged from guardianship of minors since the applicants have attained majority on 13.09.1991 and 28.11.1992 respectively in App.No.18/2021 in T.O.S.No.30/1998.
These Applications coming on this day before this court for hearing, the court made the following order:-
These applications have been filed by the applicants, seeking to declare them as majors and discharge their guardian.
2.Heard Mr.P.Sunil, learned counsel appearing for the applicant and Mrs.Vasudha Thiagarajan, learned counsel, who was appearing for the deceased 1st respondent.
3.Applications to bring on record the legal heirs of the deceased 1st respondent have also been filed. Unless these applications for declaring the applicants as majors and discharging their guardian are allowed, the other applications cannot be taken up. I see no prejudice that would be caused to the respondents by allowing these applications.
4.Hence, these two applications are allowed, the applicants are declared as majors and the guardian is discharged.
Sd/- R.S.M.J
23.07.2021
//Certified to be true copy//
Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies https://hcservices.ecourts.gov.in/hcservices/ of the Orders/Judgments/Decrees in this format.
JJ 04/08/2021
2 issues framed by the court
Whether the minor applicants have attained majority and should be declared as such.
Whether the natural guardian should be discharged from guardianship upon the attainment of majority by the minors.
Latha
Sujatha
D.Yasoda
Swaminathan
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
