Mrs.Aseem a. v. Nil
Case brief
What is this about?
Court appointed petitioner as guardian of minor son and permitted sale of minor's 21.88% property share for Rs. 60 lakhs to apply proceeds towards minor's maintenance and education.
What did the court decide?
Petitioner appointed as guardian of minor permitted to sell minor's 21.88% share in property for Rs. 60,00,000/-. Sale proceeds to be deposited in fixed deposit.
What the court decided
O.P.No.419 of 2020
O.P.No.419 of 2020
R.PONGIAPPAN, J.
This Petition has been filed under Sections 3 and 7 to 10 and 29 of the
Guardians and Wards Act, 1980 read with Order XXI Rule 2 and 3 of Original Side Rules, seeking appointment of the petitioner as the Guardian of the person and property of minor viz., Mohamed Sakhib S.D., and to permit the petitioner to
sell the 21.88% undivided share of the minor over the schedule mentioned property to the proposed purchaser for a sale consideration of Rs.60,00,000/-.
- The case of the petitioner is that the petition mentioned property is a premises bearing Municipal Old Door No.13, New Door No.9, Sulthan Street, Chennai – 600 001, comprised in Old Survey No.2927, Re-Survey No.3946, Block No.34 of VOC Nagar Division, Purasawalkam Taluk, Chennai District, measuring an extent of 1904.5 sq.ft. The said property was originally purchased by her husband Mr.Shaik Dawood on 26.04.1974. The said Mr.Shaik Dawood died intestate on 26.07.2006 leaving behind the petitioner viz., A.Aseem, Mr.S.D.Amenu, Mr.Aslam S.D. Mr.Junaid Ahamed S.D and Mohamed Sakhib S.d, the minor son, as his legal heirs to succeed his estate. Since the petitioner 1/5
Issues for consideration
3 issues framed by the court
Whether to appoint the petitioner as guardian of the person and property of the minor son.
Whether to permit the guardian to sell the minor's undivided share in the property for his welfare.
Whether the proposed sale consideration of Rs. 60,00,000/- is acceptable for the minor's benefit.
Parties & counsel
- petitioner
A. Aseem
- respondent
Mohamed Sakhib S.D.
Coram
R. PONGIAPPAN
Case details
As recorded by the court registry
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