P.Senthilselvi v. Nil
Case brief
What is this about?
The Court granted permission under Section 8(2)(a) of the Hindu Minority and Guardianship Act, 1956, to sell or mortgage the minor son's undivided share in property. This was deemed in the minor's interest for education and family support, with proceeds to be deposited in the Court.
What did the court decide?
Permission granted to sell/mortgage Minor S. Mithul's share; sale proceeds to be deposited as Fixed Deposit in the Court.
What the court decided
OP No.607 of 2021
O.P. No.607 of 2021
ABDUL QUDDHOSE, J.
This petition has been filed under Section 8(2)(a) of the Hindu Minority and Guardianship Act , 1956 seeking permission to sell the share of Minor S.Mithul, who is owning 124.966 sq. ft. undivided share of land in the total extent of 83260 sq. ft., morefully described in Sl. No.I to the petition schedule, hereinafter referred to as the “schedule property”.
- Originally, MIG Flat No.8 in the First floor of the Building in Block No.I, MIG-120, 11th Avenue, Ashok Nagar, Chennai – 600 083 measuring an extent of 920 sq. ft. together with 1/120th (693.83 sq. ft.) undivided share of land out of the total extent of 83260 sq. ft. comprising Old T.S. No.14 as per Patta, New T.S. No.14/7, Block No.71 of Kodambakkam Village was originally owned by S.P. Saravanan who died intestate on 10.01.2020 leaving behind his wife, P.Senthilselvi, the petitioner herein and the mother of the Minor S. Mithul(Son) and Dharsana, his daughter as the only Legal Heirs to succeed his estate. S.P. Saravanan was one of the owners of the Flat mentioned supra in the Apartment complex developed by the Tamil Nadu Housing Board. The
OP No.607 of 2021
respective owners of the Flats in the Apartment complex developed by the Tamil Nadu Housing Board at MIG -120, 11th Avenue, Ashok Nagar, Chennai – 600 083 measuring a total an extent of 83260 sq. ft. have entered into a Joint Development Agreement dated 24.09.2020 with M/s. Baashyaam Constructions Pvt. Ltd.
Issues for consideration
2 issues framed by the court
Whether permission to sell or mortgage a minor's share in property is in the minor's interest.
Whether the sale proceeds must be deposited in the court.
Parties & counsel
- petitioner
P. Senthilselvi
- other
Minor S. Mithul
Coram
Abdul Quddhose
Case details
As recorded by the court registry
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