BKPORE THR ADDL FAMILY COURT CUM-I ADDITIONAL DISTRICT
coURT AT MKDCHAL- MALKAJGIRI AT MHDCHAL.
Present: Srl D. Venkatesh,
Judge. Addl. Pamily Court cum-ADJ Court
Medchal
G.W.O.P No. 18O of 2022
Dated this the 11 day of February, 2023
Between:
wife.
Smt D. Aishwarya W/o Late P.B Vijay Chakravarthy, Age: 29 Years, Oce: House
R/o Flat No. 6C, II block, Ecopolis, Mahanagar Homes, Bandlaguda Road, Nagole,
Havathnagar. Petitioner
AND
All Concerned
Respondent
This petition is coming on before me for final hearing on 28-01-2023 in presence of Sri
GAbhjeeth, Advocate for the petitioners and having heard and stood over tor consideration this
Court made the tollowing
ORDER
1 This is a petition filed by the Petitioners under Sec. 8 of Hindu Minority and
Guardianship Act riw Sec 29 of Guardians and Wards Act
The brief averments of the petition filed by the petitioners:
It is the case of the petitioner that she is the biological mother of the child
Advait born through husband Late P.B. Vijay Chakravarthy. He being minor is
represented by her. During the life time of her husband Vijay Chakravarthy, he
purchased one Flat bearing No. 704 BBock, Bhavyas Anandam, Nizampet (Schedule
Property) through registered sale deed No. 1057 of 2005 dated 30-04-2005.
The peitioner submits that after the death of her husband on 26-03-2016, the
propérties wete inherited by them Since the properties have hecone non profitable
and unable to fetch any income, the mother ntends to sell the properties. Further
than 10 years whose value will be
the Flat is aged more The depreciated.
also submitted that she
is intending to sell the
the property and use the petition
betterment of child, she is
intending to sell the
property which is in (he funds os
name of
minot. Hence the Petition
Notice of the Petition was isstie o puoe in
4. general by giving publication
New Paper. None appeared and claimed objections,
5. Petitioners mother is examined as PW1. Ex P1 to P6 marked.
6. Heard the petitioner. Perused the record
7. Now the point that arises for consideration is:
Whether the Petitioner/Mother of Mior Ward be permitted to sel| the Schedule
property as prayed for ?
Point:
8
PW1 in her evidence categorically deposed about the relationship with the
minors and death of her husband. She exhibited Ex P1 Death certificate of the
deceased Vijay Chakrawarthy. Ex P2 js the birth certificate of
Minor. Ex P3 is the
Sale deed through which husband of Pw1
nurchased the schedule Flat in 2005. Ex Pa
and P5 are the Aadhar cards of the ninor and the pw1.
Perusal of the EX P2, Pa
and P5 speaks about the relationship of the minor with pw1 and deceased. Ex b
e prot ot death of the deceased husband of Pw1. The sale deed is the prima t
proof of
ownership of minoS over the property. Since the property is purchased in
the nane of minor and she s
since the PWI s intending to sell the property.
eeking pernission. Ex P6 s the CC of Decree in OS No, 59 of 2017. It is the
Judyment and dectee passed as family members of
deceased Vijay Chakravarthy. declarinz the PW1 and the Minor
.
9. Powes of natural guardian:
() The natural guardian of a Hindu minor has power, subject to the provisions of
this section, to do all acts which are necessary or reasonable and proper tor tne
benefit of the minor or for the realization, protection or benefit of the minor's estate;
but the guardian can in no case bind the minor by a personal covenant.
(2) The natural guardian shall not, without the previous permission of the court,
or otherwise, any part of
(a) mortgage or charge, or transfer by sale. gift. exchange
of such property for a
the immovable property of the minor: or (h) lease any part
more than one year beyond the
term exceeding five years or for a term extending
date on which the minor will attain majority.
disposal of immovable property by a natural guardian, in contravention of
(3) Any
instance of the minor or any
sub-section (1) or sub-section (2), is voidable at the
person claiming under him.
natural guardian to do any of the acts
(4) No court shall grant permission to the
an evident advantage to
mentioned in subsection (2) except in case of necessity or for
the minor.
to and in respect of
(5) The Guardians and Wards Act, 1890 (8 of 1890), shall apply
under sub-section (2) in all
an application for obtaining the permission of the court
of the court under
respects as if it were an application for obtaining the permission
section 29 of that Act, and in particular (a) proceedings in connection with the
under
application shall be deemed to be proceedings that Act within the meaning
of section 4A thereof;
tb) the court shall observe the procedure and have the powers specified in sub
sections (2), (3) and (4) of section 31 of that Act: and
clan appeal shall lie from an order of the court refusing permission to the
natural gardian to do any of the Acts mentioned in sub-section (2) of this section
to the court to which appeals ordinarily lie from the decisions of that court.
45
court or a district court or a
cIVIl
section, Court" means the city 1890 (8 of 1RO0
(6) In this Guardtans and Wards
Act,
4A of the
empowered under section immovable property in respect of
the
whose jurisdiCthon
within the local limits of where the immovable property ie
made is situate, and
which the application is means the cOurt within
more than One such court,
jurisdiction of
situate within the property is situate.
whose jurisdiction any portion of the
the local limits of
guardian of property appointed or declared by the
of
Sec 29. Limitation of powers than a guardian appointed by
will
Collector, or
Court: Where a person other than a
or other of the
appointed or declared by the Court to be guardian
instrument, has been
shall not, without the previous permission of the Court,
property of a ward, he
part of
transfer by sale, gift, exchange or otherwise, any
(a) mortgage or charge, or
ward, or
the immovable propertv of his term
property for a term exceeding five years or for any
(b) lease any part of that be a
vear beyond the date on which the ward will cease to
extending more than one
minor.
the limitations and right of a guardian
for
10 The above two provisions explains
though
the minors property. The PV1 being the mother deposed that
deaiing with
was purchased in the name of minor by her husband, the property is
the property
funds and
profitable and as such by selling the sume she is intending to gather
non
would help the minor for better educeation, Since the amount is intended to be
also it
decision. Her version S
invested for betternent of minors, it would be a good
than natural mother. She cannot be
appreciable. Further, the PW1 is none other
to o harm to the minor. The oral and documentary evidence support the
expected
called for, none filed objections.
petitioners case. Further though objections were
Having regard to the facts and
cout ral
and
documentary evidence
contention of
circumstancesrecord,
Drought on
of the case and by considering
this court is of the opinion
t the petitioner can be accepted. Thus it is just and proper to permit
mother to
ihe petitioners deal with the property of the minor wards. She is permitted
ro sell the schedule property. She shall make a better invetment in the name of the
minor. Aceordingly the points are answered in favour of the
petitioners.
12. In the result, the petition is allowed The
Petitioners mother is permitted to
sell the property. She is
directed to make ixed deposit of Rs 10,00,000/- in any
nationalised bank in the name of minor shich will be continued till
he become
Imajor. PW1 shall file a proof of Fixed denosit as soon as she receive the
consideration. Decree be drawn on furnishing the proof.
Typed to my dictation to the Typist, corrected and pronounced by me in
open Court on this the 11 of February, 2023.
Judge
Addl. Family Court-cum-ADJ Court,
Medchal
APPENDEX OF EVIDENCE
WITNESSES EXAMINED
For Petitioners:
PW-1: D.Aishwarya
EXHIBITS MARKED
For Petitioners:
Ex.A1: Death Cetificate of my husband Vijay Chakravarthy
Ex.A2: Birth Certificate of Minor Ward Advait
Ex.A3: CC of Sale deed No. 1057 of 2005 Dt: 31-01-2005
Ex.A4: Copy of My Aadhar Card (Verified with original)
Ex.A5: Copy of Aadhar Card of Minor ward
Ex.A6 is Copy of Mutation D: 03.07.2022
Ex.A7 is CC of Judgment inOS. 59 of 2017 of SCJ, RR District.
Ex.A8 is CC of Decree in OS No. 59 of 2017 of SCJ, R.R.District.
Judge
Addl. Family
Court-cum-ADJ Court
Medchal.
