Delhi District Court
Anisha Mittal vs State on 27 April, 2024
IN THE COURT OF SH. AJAY GARG,
DISTRICT JUDGE - 01, EAST DISTRICT,
KARKARDOOMA COURTS, DELHI
GP No.10/23
CNR No. DLET01-008171-2023
IN THE MATTER OF :-
Anisha Mittal
W/o Late Ankit Mittal
Being mother/natural guardian of
Master Kartik Mittal (Minor)
and Baby Arna Mittal (Minor)
R/o C-3/11, Lane C-3, Block-C,
Krishna Nagar, Delhi-110051.
.....Petitioner
Versus
1. The State
Represented through
The Chief Secretary,
Players Building, Delhi Secretariat,
(GNCT) of Delhi, Indraprastha Marg,
ITO, New Delhi-110002
2. Raj Kumar Mittal
S/o Late Sh. Laxmi Chand Mittal,
R/o C-3/11, Lane C-3, Block-C,
Krishna Nagar, Delhi-110051.
.....Respondents
Date of Institution : 27.05.2023
Reserved for order on : Not reserved
Date of Decision : 27.04.2024
JUDGMENT
Petition under Section 31 of Guardian & Wards Act, 1890 for grant of permission to sell the undivided shares of minor children Master Kartik Mittal and Baby Arna Mittal in the property left behind by the deceased, namely Ankit Mittal GP 10/23 Anisha Mittal Vs. The State & Anr. Page No.1 of 10
1. Brief facts, of the case relevant for the disposal of the present petition are that the petitioner Ms. Anisha Mittal has filed the present petition seeking permission to sell the shares of minors, namely Master Kartik Mittal and Baby Arna Mittal in built-up residential freehold property bearing No.5, measuring area 146.67, Sq. Yds. i.e. 122.63 Sq. Mtrs along-with its whole of structure thereon fitted with separate electricity and water meter with the rights of Upper and further construction upto last storey, situated in the layout plan of "CAG Co-operative House Building Society Ltd." Now colony known as East and Enclave, Laxmi Nagar, Delhi-110092 (hereinafter referred to as "suit property"), on the averments that the deceased Sh. Ankit Mittal was having 2/3rd undivided share and his father i.e. respondent no.2 was having 1/3rd undivided share in the suit property. The deceased Ankit Mittal became the owner of suit property vide registered sale deed bearing registration No.3979 registered on 24.07.2021 in the office of Sub-Registrar VIIIA, Preet Vihar, Delhi. The deceased Ankit Mittal died intestate on 25.01.2023 leaving behind his wife Ms. Anisha Mittal (petitioner herein), Kartik Mittal (minor son) and Arna Mittal (minor daughter). There is no other legal heirs of the deceased. The mother of deceased namely Kanta Mittal pre-deceased him on 08.11.2021. After the death of Sh. Ankit Mittal, his children namely Master Kartik Mittal and Baby Arna Mittal along-with petitioner became entitled to their respective 1/3rd undivided shares from said 2/3rd undivided share of deceased in the suit property. The petitioner being mother and natural guardian of minor children namely Master Kartik Mittal and Baby Arna Mittal, is looking after and maintaining both minors who are studying in Ahlcon GP 10/23 Anisha Mittal Vs. The State & Anr. Page No.2 of 10 International School, Mayur Vihar, Phase-I, Delhi-51 in 6 th & 1st standard respectively.
The petitioner has no independent and sufficient source of income to maintain her minor children and is not in a position to give them a proper and healthy upbringing including quality education, house etc. The suit property is a valuable property and at present, the same is being offered a good price in the market. She undertakes that she will utilize the sale consideration/proceeds for the proper education, good food, shelter and comfortable living and batterment of both children. The interest of petitioner is not adverse to that of the minor children. No court has appointed any guardian of the minors. There is no legal impediment in granting the permission to the petitioner for the said relief. On 15.02.2023, some prospective buyers of said property approached the petitioner and offered good prices and on 24.02.2023 when the petitioner contacted the Sub-Registrar's office, L.M. Bundh, Shastri Park, Delhi, she was advised to obtain permission from the court to sell the suit property. Hence, this petition.
2. The notice of the petition was issued to the respondents. The respondent no.1/State as well as general public was served by way of publication in the newspaper 'The Statesman' dated 14.10.2023 and 'Rashtriya Sahara' dated 13.10.2023. Despite publication in the newspaper and notice to general public at large, no one has come forward to make any objection in respect of the prayer made by the petitioner in the present petition. Respondent no.2 appeared in person and gave statement with regard to no objection, if the petitioner is GP 10/23 Anisha Mittal Vs. The State & Anr. Page No.3 of 10 appointed as guardian of minors to sell their shares in the suit property.
ISSUES:
3. From the pleadings of the parties, following issues were framed on 19.10.2023:-
1. Whether the petitioner is entitled to appointment of guardian of Master Kartik Mittal and Baby Arna Mittal to sell their shares in respect of property bearing No.5, measuring area 146.67 Sq. Yds. i.e. 122.63 Sq. Mtrs alongwith its whole of structure thereon fitted with separate electricity and water meter with the rights of upper and further construction upto last storey, situated in the layout plan of "CAG Co-operative House Building Society Ltd.", now colony known as East Enclave, Laxmi Nagar, Delhi-92, as prayed for? OPP.
2. Relief.
EVIDENCE:
4. In order to prove the case, the petitioner examined herself as PW1 and tendered her evidence by way of affidavit Ex.PW1/1. She also relied upon the following documents:-
i. Ex.PW1/A (colly.) are copies of her Aadhar card along-
with copies of Aadhar cards of minors, namely Kartik Mittal and Arna Mittal.
ii. Ex.PW1/B is copy of Aadhar card of her deceased husband, namely Sh. Ankit Mittal.
iii. Ex.PW1/C (22 pages back to back) is copy of sale deed dated 12.07.2021 in favour of deceased Ankit Mittal. iv. Ex.PW1/D is death certificate of deceased Ankit Mittal. v. Mark A is copy of surviving member certificate (Ex.PW1/E is de-exhibited and marked). vi. Ex.PW1/F is copy of death certificate of mother of GP 10/23 Anisha Mittal Vs. The State & Anr. Page No.4 of 10 deceased, namely, Smt. Kanta Mittal.
vii. Ex.PW1/G is copy of report book of her son, namely, Kartik Mittal.
viii. Ex.PW1/H is copy of school progress report for the academic year 2022-2023 of her daughter, namely Arna Mittal.
PW-2 Sh. Amit Mittal is the real brother of deceased. He tendered his evidence by way of affidavit Ex.PW2/1 wherein he deposed that the deceased had become the owner of the suit property vide registered sale deed which was registered on 24.07.2021 in the office of Sub-Registrar VIIIA, Preet Vihar. He further deposed that he has no objection, if the suit property is sold in the market through petitioner and the petitioner utilize the sale consideration/proceeds in respect of suit property for the proper education, good food, shelter and comfortable living and batterment of both children. He tendered copy of his Aadhar card as Ex.PW2/A. Thereafter, petitioner's evidence was closed vide separate statement of petitioner.
5. Final arguments heard. Record perused. Considered.
My issue-wise findings are as under:
FINDINGS:
ISSUE No.1:
"Whether the petitioner is entitled to appointment of guardian of Master Kartik Mittal and Baby Arna Mittal to sell their shares in respect of property bearing No.5, measuring area 146.67 Sq. Yds. i.e. GP 10/23 Anisha Mittal Vs. The State & Anr. Page No.5 of 10 122.63 Sq. Mtrs alongwith its whole of structure thereon fitted with separate electricity and water meter with the rights of upper and further construction upto last storey, situated in the layout plan of "CAG Co-operative House Building Society Ltd.", now colony known as East Enclave, Laxmi Nagar, Delhi-92, as prayed for? OPP.
6. Section 8 of The Hindu Minority & Guardianship Act reads as under :-
"(1) 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 for the 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:-
(a) Mortgage or charge, or transfer by sale, gift exchange or otherwise, any part of the immovable property of the minor, or
(b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.
(3) Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or any person claiming under him.
(4) No court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2) except in case of necessity or for an evident advantage to the minor. (5) The Guardians and Wards Act, 1890 shall apply to and in respect of an application for obtaining the permission of the court under sub-section (2) in all respects as if it were an application for obtaining the permission of the court under Section 29 of the Act.
7. Section 29 of The Guardians & Wards Act, 1890 defines the limitation on the powers of guardian of property appointed or declared by the court to the extent that such guardian shall not, without permission of the Court.
(a) Mortgage or charge, or transfer by sale, gift, exchange or GP 10/23 Anisha Mittal Vs. The State & Anr. Page No.6 of 10 otherwise, any part of the immovable property of his ward, or
(b) lease any part of such property for a term exceeding give years or for any term extended more than one year beyond the day on which the Ward will cease to be minor.
8. Section 31(1) of The Guardians & Wards Act, 1890 provides that permission to the guardian to do any of the acts mentioned in Section 29 shall not be granted by the court except in case of necessity or for an evident advantage to the ward. Section 31(2) provides the manner in which permission is to be granted. Section 31(3) provides the conditions that may be imposed while granting permission. Section 31(4) provides that before granting permission, the court may cause notice of the application to be given to any friend or relative of the ward.
9. The petition discloses that the family of the petitioner underwent tragedy due to the demise of Sh. Ankit Mittal, leaving the entire burden of the family on the shoulders of petitioner. Petitioner Ms. Anisha Mittal is the natural guardian of minors namely Master Kartik Mittal and Baby Arna Mittal and she is looking after and maintaining minors who are living under her care and custody. Petitioner has no adverse interest to that minors. The petitioner has no sufficient means/amounts for the good education and welfare of the minors.
10. Further, vide order dated 27.04.2024, statement of petitioner Ms. Anisha Mittal was recorded wherein she undertakes that she will not sell the suit property for an amount less than Rs.4.5 Crores and out of which shall undertake to deposit at least Rupees One Crore each qua the share of minors namely Master Kartik Mittal aged about 12 years and Baby Arna GP 10/23 Anisha Mittal Vs. The State & Anr. Page No.7 of 10 Mittal aged about 7 years in interest bearing FD along-with accumulated interest thereupon or Gold Bond to be encashed only upon the majority of minors. The disposal of the property in question seems a necessity and for an evident advantage to the minor. There is no material to gather an inference that her interest could be in conflict with or adverse to that of the minors.
11. No other LRs except respondent no.2 or any person from general public in response to the public notices, have come forward for raising any objection to the petition. There is no impediment in granting the permission as sought by the petitioner. Accordingly, this issue is decided in favour of the petitioner.
ISSUE No.2 (Relief):
12. In view of the above findings, the petition is allowed. The petitioner is appointed as guardian of minors namely Master Kartik Mittal and Baby Arna Mittal and granted permission to sell the shares of both minors in the suit property mentioned in Schedule-I i.e. built-up residential freehold property bearing No.5, measuring area 146.67, Sq. Yds. i.e. 122.63 Sq. Mtrs along-with its whole of structure thereon fitted with separate electricity and water meter with the rights of Upper and further construction upto last storey, situated in the layout plan of "CAG Co-operative House Building Society Ltd." Now colony known as East and Enclave, Laxmi Nagar, Delhi-110092, with the following conditions:-
a) That the sale of minor's share in suit property shall not be made below the market price with minimum total value of GP 10/23 Anisha Mittal Vs. The State & Anr. Page No.8 of 10 Rs.4.5 Crores.
b) The share of minors, namely, Master Kartik Mittal and Baby Arna Mittal, not less than Rupees One Crore each, out of the sale proceeds of the suit property shall be kept in an interest bearing FDR with a Nationalized Bank for the period till the minors attained majority with accumulative interest thereupon or Gold Bond to be encashed only upon the majority of minors.
c) Upon majority, the minors shall be at liberty to utilize the FDR amount or Gold Bond with accrued interest as per their wishes.
d) As soon as the sale has been made, a compliance report shall be filed within one month of the sale.
e) This permission shall not tantamount to vesting or conferring any right, title or interest in the property proposed to be sold.
f) The petitioner shall not be entitled/allowed to any allowance.
g) The petitioner shall furnish a surety/personal bond equivalent to the sale value of the share of minors but not less than Rupees One Crore each as per Form-D, given in chapter 2 part-D, Volume-2 of the Delhi High Court Rules;
h) Special attention of the petitioner has been drawn to the provisions of Section 26, 27, 28, 29, 32, 33, 35, 36, 39, 44 & 45 of The Guardians & Wards Act, 1890.
13. On fulfillment of necessary conditions, the guardianship certificate as per Form-F given in Chapter-2, part- D, Volume-2 of the Delhi High Court Rules be issued.
GP 10/23 Anisha Mittal Vs. The State & Anr. Page No.9 of 10 Ordered accordingly.
File be consigned to record room after due
compliance. AJAY
Digitally signed
by AJAY GARG
Date:
2024.04.27
GARG 16:23:37
+0530
Announced in the open (AJAY GARG)
Court on 27.04.2024. District Judge-01
East District, KKD Courts/Delhi
GP 10/23 Anisha Mittal Vs. The State & Anr. Page No.10 of 10