J.Abirami v. Nil
Case brief
What is this about?
The Madras High Court permitted the petitioner, a mother, to sell the minor son's share of a residential flat. The sale proceeds were directed to clear a housing loan, with the remaining minor's share deposited as a fixed deposit with the court.
What did the court decide?
Petitioner permitted to sell property for Rs.18 lakhs, discharge HDFC loan, and deposit minor's share (Rs.1.26 lakhs) as fixed deposit with Court Registrar.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
MONDAY, THE 15TH DAY OF NOVEMBER 2021
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
O.P.No. 563 of 2021
In the matter of Hindu Minority and Guardianship Act, 1956 And In the matter of Minor Child S.Siva Ganesh S/o. P.Saravanan minor aged about 3 years
Mrs. J. Abirami, W/o. P.Saravanan (Late), No.32/13, Govindaraj Street, Puliyurpuram, Kodambakkam, Chennai – 600 024. ... Petitioner
Original Petition praying that this Hon'ble Court be pleased to
- Permit the Petitioner to sell the schedule mentioned property on behalf of the minor namely S.Siva Ganesh.
- Permit the Petitioner to deposit the minor's share remaining amount of the sale proceeds i.e. Rs.1,26,251/- (Rupees One Lakh Twenty Six Thousand Two Hundred Fifty One only) into a nationalized bank for and on behalf of minor namely S. Siva Ganesh and the Petitioner as a mother and
Issues for consideration
3 issues framed by the court
Whether the petitioner as the natural guardian can be permitted to sell the minor's share of a mortgaged property given financial necessity.
How the sale proceeds must be utilized to discharge the housing loan and the minor's share managed thereafter.
Whether the proposed sale and management of the minor's interest are in the beneficial interest of the minor child.
Parties & counsel
- petitioner
Mrs. J. Abirami
- other
S. Siva Ganesh minor
- respondent
M. Saravanan
- other
HDFC Bank
Coram
Case details
As recorded by the court registry
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