Mrs.Hema v. No Respondent
Case brief
What is this about?
The High Court of Madras granted permission to the mother of two minors to develop their share of property and appoint a foundation as agent for sale, conditional upon depositing proceeds into fixed deposits and handing over specific flats.
What did the court decide?
Permission to develop minor's share, appoint builder as agent, sell undivided share, deposit proceeds in fixed deposits, and receive possession of flats.
What the court decided
O.P.No.129 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.04.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU O.P.No.129 of 2023
Hema ... Petitioner
PRAYER : Original Petition filed for permission under Section 8(2) of
Hindu Minority and Guardianship Act, 1956 read with Order XXI Rule 2 &
3 of Original Side Rules and Clause 17 of Letter Patent Act praying for
(a)to permit the petitioner herein to develop the minors shares of property by appointing M/s.Sai Sivan Foundation as their General Power of Attorney Agent and sell the minor's undivided share of land measuring an extent of 1133.2 Sq.ft out of their share measuring an extent of 1706.6Sq.ft forming part of total extent of 2560 Sq.ft the schedule property to the purchaser through the General Power of Attorney Agent.
(b)to permit the Developer to deposit the amount of Rs.25,00,000/- each in favour of the minor Selvi J.Dharshini and minor Master J.Badrinath in any Nationalized Bank;
Issues for consideration
3 issues framed by the court
Whether the mother and natural guardian of minor children can be permitted to develop and sell the minors' share of property by appointing a foundation as agent.
Whether the petitioner can be permitted to receive possession of flats developed from the minors' share.
Whether the sale proceeds can be deposited in fixed deposits in the name of respective minors.
Parties & counsel
- petitioner
Hema
- respondent
Selvi J. Dharshini
- respondent
Master J. Badrinath
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court