Annet v. No Respondent
Case brief
What is this about?
The High Court allowed a petition to appoint the mother as guardian of her minor sons and permitted her to sell the minors' property share due to financial distress and dilapidation of the property, subject to depositing proceeds in Fixed Deposit.
What did the court decide?
Petitioner permitted to sell minors' share; sale proceeds to be fixed deposited in Nationalized Bank; interest withdrawable quarterly for minors' welfare.
What the court decided
O.P.No.147 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.08.2023
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA O.P.No.147 of 2023
Mrs.Annet
… Petitioner
PRAYER : Original Petition is filed under Sections 3, 7 to 10 and 29 of Guardian and Wards Act 1890 r/w Order XXI Rule 2 and 3 of Original Side Rules, prays that the petitioner may be appointed as the Guardian of the person and property of the minor sons viz., S.Emmanuel Samson Joshua and S.Joel Simpson Moses and permit the petitioner to sell the minors' share in the said property in Flat No.42, C-2 Rose Apartments, Lake View Street, Adambakkam, Chennai 600 088 with 298 Sq.ft undivided share of land from and out of the total extent of 3352 ft comprised in S.No.215/4, T.S.No.96/3, Block No.3, Ward No.F, Adambakkam Village together with a Flat to an extent of 505 Sq.ft plinth area in the ground floor, for a total sale consideration of Rs.12,00,000/- and to deposit the minors' share of Rs.4,00,000/- each in a Nationalised Bank as Fixed Deposit in favour of the minor sons till they attain majority and to withdraw the interest once in three months to meet the expenses of education and for the betterment and the living of minor sons till they attain majority.
For Petitioner : Ms.K.Sheeba
Issues for consideration
3 issues framed by the court
Whether the petitioner is entitled to appointment as guardian of the minor sons’ person and property.
Whether permission to sell the minors’ share in the property can be granted based on financial necessity.
Whether conditions for depositing sale proceeds in Fixed Deposit can be imposed to safeguard the minors’ interest.
Parties & counsel
- petitioner
Mrs. Annet
- respondent
S. Emmanuel Samson Joshua
- respondent
S. Joel Simpson Moses
Coram
Case details
As recorded by the court registry
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