Avaniben Ashokbhai Kakadia vs Defendant(S) on 23 July, 2014

[Cites 1, Cited by 2]

Gujarat High Court

Avaniben Ashokbhai Kakadia vs Defendant(S) on 23 July, 2014

Bench: Ravi R.Tripathi

          C/FA/1902/2014                                 ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       FIRST APPEAL NO. 1902 of 2014

================================================================
              AVANIBEN ASHOKBHAI KAKADIA....Appellant(s)
                                Versus
                          .....Defendant(s)
================================================================
Appearance:
MR RUTVIJ S OZA, ADVOCATE for the Appellant(s) No. 1
TATVDEEP J JANI, ADVOCATE for the Appellant(s) No. 1
================================================================

        CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI

                              Date : 23/07/2014


                               ORAL ORDER

Present First Appeal is filed by the appellant - original applicant of an application being Misc. Civil Application No.37 of 2014 filed under Section 29 of the Guardian and Wards Act, 1980.

The applicant had prayed for permission to sell the agriculture land wherein one of the daughters who is minor is also having right and interest. The learned 6th Additional District Judge, Rajkot rejected that application by order dated 05/04/2014.

Learned advocate Mr. Rutvij Oza for the appellant herein invited attention of the Court to the fact that learned Judge has failed to appreciate an important aspect of the matter namely, one daughter and one son is major and only one Page 1 of 3 C/FA/1902/2014 ORDER daughter who is minor on account of which the application was required to be filed. Beside that learned advocate placed on record the affidavit sworn by son, Jay Kakadia wherein he has stated on oath that out of the sale proceeds, 50% amount of his share, he is ready to hand over to the mother so as to take care of her maintenance. Beside that the applicant - appellant has also filed an affidavit wherein it is stated that I have one daughter named Dipti @ Nirali, son named Jay and another daughter named Avani. It is also stated that Dipti and Jay are major and Avani is minor. The affidavit goes to say that the entire amount of the share of Avani will be kept in a fixed deposit until Avani attends the majority. Learned advocate for the appellant submitted that this shall take care of right and interest of the minor and taking into consideration the same, the order of the learned Judge is required to be quashed and set aside and land bearing 0.80- 94 hector of revenue survey no.60 paiki 3 of village Ronki, Taluka and District Rajkot (known as Khijadavalu) be permitted to be sold.

Taking into consideration the aforesaid fact situation and taking into consideration the affidavits which are filed on record, present First Appeal is allowed.

The impugned judgment and order dated 05/04/2014 is quashed and set aside and the appellant - applicant is permitted to sell the property - agriculture land bearing bearing 0.80-94 hector of revenue survey no.60 paiki 3 of village Ronki, Taluka and District Rajkot (known as Khijadavalu).

Page 2 of 3 C/FA/1902/2014 ORDER

The appellant shall deposit the share of the minor in a fixed deposit initially for a period of three years in a nationalized bank and if by that time the minor does not attain the majority, the same shall be renewed for such period by which she will attain majority.

The bank is directed not to allow the fixed deposit to be encumbered and shall not allow the encashment of the fixed deposit receipt without prior permission of this Court.

Present First Appeal is allowed in aforesaid terms.

(RAVI R.TRIPATHI, J.) ila Page 3 of 3

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