The Madras High Court permitted the petitioner-father to sell minor child's property jointly purchased with the deceased mother. Permission was granted to deposit one-fourth of sale proceeds in a fixed deposit for the minor.
Permission to sell minor's property granted subject to depositing one-fourth of sale proceeds in fixed deposit for minor until majority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
O.P.No.236 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2023
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA
O.P.No. 236 of 2023
Nairit Shekar Josyula … Petitioner
Original Petition is filed under Section 8(2) of the Hindu Minority and Guardianship Act, 1956, read with Order XXI Rule 2 & 3 of the Madras High Court Original Side Rules, to permit the petitioner to sell the minor's property in the schedule as per the sale deed dated 06.08.2020 along with his deceased wife and to deposit a portion of the money so received towards the share of the minor in his name in any nationalized bank by way
of fixed deposit to be utilized for the future of the minor child.
For Petitioner : Mr.P.Ambili Menon
1/8
O.P.No.236 of 2023
ORDER
This Original Petition has been filed under Section 8(2) of the Hindu Minority and Guardianship Act, 1956 read with Order XXI Rule 2 & 3 of the Madras High Court Original Side Rules, seeking permission to sell the minor's property in the schedule as per the sale deed dated 06.08.2020 along with the deceased wife and to deposit a portion of the money so received towards the share of the minor in his name in any nationalized bank by way of fixed deposit to be utilized for the future of the minor child.
O.P.No.236 of 2023
invest a part of the sale consideration into his business and also to deposit
the share of the minor in the sale proceeds in a fixed deposit in the name of
the minor.
| Exhibits | Documents |
|---|---|
| P1 | Computer generated birth certificate of minor child Avyaan Nairit Josyula |
| P2 | Photocopy of construction agreement dated 04.08.2020 between Purvankara Limited and Nairit Shekar Josyula and Saranya Venkatesh (Compared with original) |
| P3 | Photocopy of the sale deed dated 06.08.2020 in favour of Nairit Shekar Josyula and Saranya Venkatesh (Compared with original) |
| P4 | Computer generated death certificate of Saranya A.V. |
| P5 | Computer generated legal heirship certificate of A.V.Saranya |
The birth certificate of the minor child is marked as Ex.P1 and the
death certificate of wife of the petitioner Sarnya Venkatesh is marked as
3/8
O.P.No.236 of 2023
Ex.P2. In the legal heirship certificate of Saranya Venkatesh which is marked as Ex.P5 it is seen that the petitioner, the minor child and the parents alone are her legal heirs. The sale deed executed in favour of the petitioner and his wife is available as Ex.P3.
4/8
O.P.No.236 of 2023
terms:
i) The petitioner is permitted to sell the minor's property described in the schedule.
ii) Such permission is subject to the condition that 1/4th of the sale proceeds of the petition mentioned property should be deposited in a fixed deposit account established in a nationalized bank in the name of the minor. Such fixed deposit shall be until the minor attains the age of majority.
iii) Upon complying with the above directions, an affidavit of compliance shall be filed in the Registry
5/8
O.P.No.236 of 2023
iv) The minor is granted leave to apply for release of the fixed deposit upon attaining the age of majority.
0 7 .07.2023
bkn
Internet :Yes/No Speaking: Non speaking Neutral:Yes/ No
6/8
O.P.No.236 of 2023
APPENDIX
Petitioner's witness:
P.W.1 – Mr.Nairit Shekar Josyula Documents exhibited by the petitioner:
| Exhibits | Documents |
|---|---|
| P1 | Computer generated birth certificate of minor child Avyaan Nairit Josyula |
| P2 | Photocopy of construction agreement dated 04.08.2020 between Purvankara Limited and Nairit Shekar Josyula and Saranya Venkatesh (Compared with original) |
| P3 | Photocopy of the sale deed dated 06.08.2020 in favour of Nairit Shekar Josyula and Saranya Venkatesh (Compared with original) |
| P4 | Computer generated death certificate of Saranya A.V. |
| P5 | Computer generated legal heirship certificate of A.V.Saranya |
07.07.2023
bkn
7/8
O.P.No.236 of 2023
R.N.MANJULA, J.
bkn
O.P.No. 236 of 2023
07.07.2023
8/8
2 issues framed by the court
Whether a father-guardian can obtain permission to sell minor's jointly purchased property where mother is deceased and funds are needed for business/minor's welfare.
Whether the proposed sale and investment of proceeds are in the best interest of the minor child.
2 provisions across 2 enactments
Nairit Shekar Josyula
Avyaan Nairit Josyula
R.N.Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
