Delhi District Court
Smt. Suman vs Government Of Nct Of Delhi on 1 November, 2012
IN THE COURT OF SH. ALOK AGARWAL, ADJ:
SOUTH WEST: NEW DELHI
GS No: 11/12
In the matter of :-
1. Smt. Suman
W/o Late Dalbir Singh
R/o 420, Sarvhit Aptt, DDA MIG Flats,
Sector-17, Pocket-A Dwarka,
New Delhi- 110075.
2. Nitesh Singh Sejwal
S/o Late Dalbir Singh
R/o 420, Sarvhit Aptt, DDA MIG Flats,
Sector-17, Pocket-A Dwarka,
New Delhi- 110075.
Through- Ms. Suman ( Natural Guardian)
3. Ms. Sakshi Sejwal
S/o Late Dalbir Singh
R/o 420, Sarvhit Aptt, DDA MIG Flats,
Sector-17, Pocket-A Dwarka,
New Delhi- 110075.
Through- Ms. Suman ( Natural Guardian)
....... Petitioners
Versus
Government of NCT of Delhi
Through its Chief Secretary,
5, Shamnath Marg,
Delhi. ... Respondent
Filed on : 18.07.2012
Reserved on : 25.10.2012
Decided on : 01.11.2012
GS No: 11/12 Page 1/5 DOD 01.11.2012
JUDGMENT:
1. This is a petition under Section 8 (1) and 8 (2) of the Hindu Minority and Guardianship Act, 1956 r/w Section 31 Guardians and Wards Act, 1890 ( herein after referred to as Act) filed by Smt. Suman seeking permission to sell the share of minors namely Nitesh Sejwal and Sakshi Sejwal in property bearing no. 28, Sector 23, Dwarka, New Delhi.
2. It is stated in the petition that the petitioner Smt. Suman is the mother and natural guardian of minors namely Nitesh Sejwal and Sakshi Sejwal. Their date of birth are 17.12.2004 and 07.07.2000 respectively. It is stated that husband of the petitioner namely Dalbir Singh expired on 06.12.2008 because of blood cancer leaving behind his wife i.e. petitioner no. 1 and two minors namely Master Nitesh Sejwal and Sakshi Sejwal as his legal heirs. He was the owner of land bearing Khasra no. 8(5-09), 9 (2-02) total admeasuring 3 bigha 15 biswa which was acquired by Government of NCT of Delhi vide award No. 36/80-81 and Delhi Administration had issued a recommendation letter dated 28.08.1989 for allotment of plot admeasuring 250 sq. yards under the said scheme in favour of ancestor of late Shri Dalbir Singh. On 25.08.2011 DDA mutated the name of the petitioner and her minors on the basis of relinquishment deed and on 06.09.2011 DDA had issued demand cum allotment letter of plot no. 28, Pocket No. IV, Block B, Sector 23 admeasuring 209 sq. meter in Dwarka Residential Scheme Phase II in alternative plot measuring 250 Sq. yards issued by Land and Building Department on 28.09.1989 for which petitioner no. 1 was supposed to deposit an amount of Rs. 43, 24, 420/- as the cost of plot. After depositing the said amount to DDA, on 28.12.2011 DDA had handed over the possession of said plot to petitioners vide registered GS No: 11/12 Page 2/5 DOD 01.11.2012 perpetual lease agreement dated 19.02.2012.
3. It is further stated in the petition that petitioner no. 1 is working as Assistant in J and K House, a Government of India undertaking and her approximate salary is about Rs. 16,000/- per month which is insufficient to maintain her and her minor children and she is alone to take care of her minor children who are currently studying in St. Marry's School, Sector 19, Dwarka, New Delhi. Facing crunch of funds for upkeep and well being of children, petitioner no. 1 is constrained to sell her share of plot.
4. The petitioner no. 1 has also claimed that she does not have any interest adverse to interest of minors and the present petition has been filed to protect their interest only. Petitioner no. 1 also undertakes that after selling the plot in question, she will invest the money in some under develop area like Noida, Greater Noida or same may be kept in safe custody/fixed deposit in the name of her minor children and herself.
5. Citation of petition was published in newspaper 'Hindu' and 'Jan Satta'. Notice was also displayed on court notice Board as well as notice board of Collector. The newspaper containing the publication report has been received on file. Collector was notified to file the valuation report in respect of property in question.
6. In spite of publication of the notice in newspaper and its display on court notice board, no objection has been received from any quarter opposing permission in favour of petitioner to sell share of minors in the property under reference.
GS No: 11/12 Page 3/5 DOD 01.11.2012
7. The petitioner no. 1 has filed her affidavit in support of her contentions as contained in the petition. She has filed copy of recommendation letter dated 28.08.1989, copy of letter dated 25.08.2011 for mutation issued by DDA in favour of petitioners , copy of demand cum allotment letter dated 06.09.2011 issued by DDA in favour of petitioners and copy of Registered Lease Agreement dated 19.02.2012. She has also orally deposed on oath that she is constrained to sell the property for the benefit of the minor children as her husband has left no other security.
8. In matters of permission for the sale of a minor's property, a Court under the Guardians and Wards Act, 1860 as well as under the Hindu Minority and Guardianship Act, 1956 has a special responsibility to discharge. It must satisfy itself that the permission sought and given is in the interest of the minor. The object of the legislature, in mandating that permission shall not be granted by the Court except in a case of 'necessity' or for an 'evident advantage to the ward', is to guarantee an inquiry by the court and a determination by it to its own satisfaction that the alienation is necessary or advantageous for minor. The Court must therefore, exercise the utmost circumspection before granting the permission.
9. In the case on hand, I am satisfied on the basis of the documents placed on record and evidence adduced that petitioner Smt. Suman has been constrained to file the present petition for permission to sell the share of minor in property bearing no. 28, Sector 23, Dwarka, New Delhi because of extreme hardship and necessity ordained on her by death of her husband Shri Dalbir Singh, father of the minors namely Nitesh and Sakshi. The petitioner besides being mother and natural guardian of minor, after death of father of the child, GS No: 11/12 Page 4/5 DOD 01.11.2012 has no interest adverse to interest of minor. The permission for sale of the property as sought is also in the interest of minors and for their betterment.
10. As per collector's report, the value of the complete property is Rs. 18542525/-. In these circumstances, the petition is allowed and petitioner Smt. Suman is hereby granted permission to sell the property bearing no. 28, Sector 23, Dwarka, New Delhi for a consideration not less than Rs. 18542525/-. The permission is granted with a further condition that in case another property is purchased by the petitioner out of the sale consideration, the same shall be purchased in the joint names of the petitioner and the two minor children and in the meanwhile, 2/3rd of the sale consideration shall be kept in a fixed deposit in the name of the two children, till they attain the age of majority.
11. This order shall not be construed as an expression of opinion on the title of minors over property in question. The petition stands disposed of in these terms. The guardianship certificate for permission to sell the property in question be issued on completion of formalities by the petitioner.
12. File be consigned to record room.
Announced in the open Court on 01.11.2012 (ALOK AGARWAL) ADDL. DISTRICT JUDGE DWARKA COURTS: NEW DELHI GS No: 11/12 Page 5/5 DOD 01.11.2012