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Stephen Samuel Alex v. Nil

Madras HC17 Mar 2025A/6340/2024

Case brief

AI extract

What is this about?

Keywords: guardianship; minor; joint venture agreement; joint development agreement; developer/builder; permission to develop property; 50-50 sharing of land and built-up area; minor attaining majority; discharge of guardianship; A.No.6340 of 2024; O.P.No.83 of 2018; Madras High Court; order dated 17-03-2025; Justice K.Kumaresh Babu; no order as to costs. Relevant to queries on a guardian's Court-granted permission to execute a joint development agreement on behalf of a minor and the accompanying reporting conditions.

What did the court decide?

Application in A.No.6340 of 2024 in O.P.No.83 of 2018 ordered: guardian permitted to enter into a joint development agreement on behalf of the minor son, subject to filing the executed agreement and project-completion property details in Court; no order as to costs. ¶7

Stephen Samuel Alex Vs Nil — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Court will permit the applicant, as guardian, to enter into a joint venture/joint development agreement on behalf of his minor son in respect of the minor's share, for construction of apartments by engaging a Developer/Builder.

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Court's answer

The Court considered the averments made in the affidavit filed in support of the application and was satisfied with the reasons stated therein.

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Ratio / Principle

The applicant is permitted to enter into a joint development agreement on behalf of the minor.

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Key takeaways

Conditions attached: the applicant shall file the joint development agreement into the Court within one month from the date of entering into it, and shall also file details of the property handed over to the minor on completion of the project.ratio¶6

Detailed headnote1 paragraphs

A.No.6340 of 2024 in O.P.No.83 of 2018 — High Court of Judicature at Madras, order dated 17-03-2025 (Hon'ble Mr Justice K.Kumaresh Babu). Applicant Stephen Samuel Alex, continuing guardian of his minor son Reuel David Alexander (the minor daughter having been declared major and guardianship discharged by order dated 16.12.2024 in A.Nos.6338 & 6339 of 2024), sought permission to enter into a Joint Venture/Joint Development Agreement with a Developer/Builder for construction of apartments on behalf of the minor, the owner and builder to take 50-50 in land and built-up area, with the minor's developed share retained in the proportions he would be entitled to in the property. Satisfied with the affidavit averments, the Court permitted the applicant to enter into the joint development agreement on behalf of the minor, directing that the executed agreement be filed in Court within one month of execution and that details of the property handed over to the minor on completion of the project also be filed. Application ordered; no order as to costs.

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A NO. 6340 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-03-2025

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CORAM

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THE HONOURABLE MR JUSTICE K.KUMARESH BABU

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A No. 6340 of 2024

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O.P.No.83 of 2018

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Stephen Samuel Alex S/o.Richard Samuel Alex, No.6/69D, Chitirai Street, Chinmaya Nagar Stage 2, Virugambakkam, Chennai 600 092., now residing at 2/1 Lyolds Avenue, Adambakkam, Chennai 600 088.

Applicant(s)

Nil

nil

Respondent(s)

For Applicant(s): Mr.N.KrishnaKumar

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ORDER

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The present application has been filed to permit the petitioner herein to enter

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into Joint Venture Agreement on behalf of his minor son Reuel David Alexander for construction of apartments by engaging a Developer/Builder.

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The original petition had been taken out by the petitioner seeking

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permission to sell the property. Originally, this Court vide order dated

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https://www.mhc.tn.gov.in/judis

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07.06.2019, had disposed of the original petitions in O.P.Nos.78 and 83 of 2019 by a common order.

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The original petition had been taken out by the guardian in O.P.No.83 of 2018 to apply for demolition of the existing building and construct a new building for the benefit of the minors. One of the minors had attained majority and by an order dated 16.12.2024 in Application Nos.6338 & 6339 of 2024,

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this Court had declared the minor daughter to have become major and discharged the applicant from guardianship in respect of the minor. Therefore, the order, appointing the applicant as guardian for the minor son continues even as of date. Under the present application, the applicant had sought for a permission to enter upon a joint venture agreement on behalf of his minor son in respect of his share and for development of the property.

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It has been further contended that the purpose of which the guardianship was granted by the Court was abandoned since they did not have sufficient funds at that point of time. Under the joint development agreement, the owner and the builder would take 50-50 in the land as well as the built up area and the share of the minor could also be permitted to jointly developed, whereby the minor would be benefited. The averments made in the affidavit would

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https://www.mhc.tn.gov.in/judis

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also indicate that the minor's share as developed would be retained in the proportions that he would be entitled to in the property.

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This Court considered the averments made in the affidavit filed in support

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of this application and is satisfied with the reasons stated therein.

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In such view of the matter, the applicant is permitted to enter into a joint development agreement on behalf of the minor. The applicant shall also file the joint development agreement into the Court within a period of one month from the date of entering into such joint development agreement. He shall also file a details of the property that is handed over to the minor on completion of the project.

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