Bangalore District Court
Master Harigovind vs Nil on 11 November, 2021
IN THE COURT OF LVIII ADDL.CITY CIVIL & SESSIONS
JUDGE, BANGALORE CITY (CCH.NO.59)
Dated, this the 11th day of November 2021.
PRESENT
Sri.G.L.Lakshminarayana, B.Com.,LL.B.,
LVIII Addl. City Civil & Sessions Judge (CCH-59),
Bengaluru.
G & WC.27/2021
PETITIONER: Master Harigovind,
S/o. Late Jayakrishnan
Gopinathan and Mrs. Cini
Jayakrishnan @ Mrs.Cini
Padmanabhan,
Aged about 15 years,
Residing at Flat No.B1003,
Mantri Sarovar Apartment,
Sector-4, HSR Layout,
Bengaluru - 560 102.
Minor represented by his
mother and natural guardian
Mrs.Cini Jayakrishnan @
Mrs.Cini Padmanabhan,
Residing at Flat No.B1003,
Mantri Sarovar Apartment,
Sector-4, HSR Layout,
Bengaluru - 560 102.
(By Sri.N.C.K, Advocate)
V/s
RESPONDENT: NIL
2 G & WC.27/2021
ORDER
The petitioner has filed this petition under section 8 of the Guardian and Wards Act, 1890, praying for permitting the petitioner to sell his proportionate 1/3rd undivided share on the schedule property through his mother and natural guardian in favour of the purchaser/s.
2. The case of the petitioner in nutshell is that the residential property bearing site No.1103, BBMP Katha No.924/1103, situated at sector-1, Hosur-Sarjapura Road (HSR Layout), Bengaluru, measuring East to West 12.19 meters and North to South 18.29 meters totally measuring 222.96 square meters, consisting of ground and first floor building for the sake of brevity. The schedule property was jointly purchased by Mrs.Cini Jayakrishnan @ Mrs.Cini Padmanabhan and her husband Sri.Jayakrishnan Gopinathan from Smt.V.Dhanalakshmi through the registered sale deed dated 03.11.2001 in the office of the Sub Registrar, 3 G & WC.27/2021 Bengaluru South Taluk, Bengaluru. The father of the petitioner Sri.Jayakrishnan Gopinathan died intestate on 23.09.2019 leaving behind his wife Mrs.Cini Jayakrishnan @ Mrs.Cini Padmanabhan, daughter Ms.Krishnapriya.J and son Master Harigovind as his legal heirs to succeed to the schedule property. Thus, the petitioner, his sister along with his mother succeeded to the schedule property and enjoying the schedule property as co-owners each of them holding 1/3rd undivided share in the schedule property.
3. The petitioner is a student studying in school at Bengaluru and is completely depending on his mother Mrs.Cini Jayakrishnan @ Mrs.Cini Padmanabhan for survival and since the petitioner have no source of income in order to meet his routine requirements have deemed to fit to sell the schedule property in order to derive income for their survival by investing on the other suitable property. The sale of the schedule property is for the interest and for the benefit of the petitioner, who is 4 G & WC.27/2021 minor. The income that will be derived by the sale of the schedule property will be beneficial for the purpose of the education, maintenance, marriage and all other future prospects of the petitioner and his sister. Therefore, the petitioner has filed the present petition.
4. After instituted the petition paper publication taken in the Udayavani news paper nobody represented on behalf of the respondent.
5. In order to prove the case, the mother and natural guardian of the petitioner herself examined as P.W.1 and got marked documents Ex.P.1 to Ex.P.11.
6. Heard arguments and perused the record.
7. The following points arise for my consideration.
1. Whether the petitioner has made out a ground for appoint the petitioner as a guardian of the minor children?
2. What order?
5 G & WC.27/2021
8. My findings to the above points arise as follows:
Point No. 1: Affirmative Point No. 2: As per final order for the following REASONS
9. POINT NO.1: The petitioner contended that the residential property bearing site No.1103, BBMP Katha No.924/1103, situated at sector-1, Hosur- Sarjapura Road (HSR Layout), Bengaluru, measuring East to West 12.19 meters and North to South 18.29 meters totally measuring 222.96 square meters, consisting of ground and first floor building for the sake of brevity. The schedule property was jointly purchased by Mrs.Cini Jayakrishnan @ Mrs.Cini Padmanabhan and her husband Sri.Jayakrishnan Gopinathan from Smt.V.Dhanalakshmi through the registered sale deed dated 03.11.2001 in the office of the Sub Registrar, Bengaluru South Taluk, Bengaluru. The father of the petitioner Sri.Jayakrishnan Gopinathan died intestate on 23.09.2019 leaving behind his wife Mrs.Cini 6 G & WC.27/2021 Jayakrishnan @ Mrs.Cini Padmanabhan, daughter Ms.Krishnapriya.J and son Master Harigovind as his legal heirs to succeed to the schedule property. Thus, the petitioner, his sister along with his mother succeeded to the schedule property and enjoying the schedule property as co-owners each of them holding 1/3rd undivided share in the schedule property.
10. The petitioner is a student studying in school at Bengaluru and is completely depending on his mother Mrs.Cini Jayakrishnan @ Mrs.Cini Padmanabhan for survival and since the petitioner have no source of income in order to meet his routine requirements have deemed to fit to sell the schedule property in order to derive income for their survival by investing on the other suitable property. The sale of the schedule property is for the interest and for the benefit of the petitioner, who is minor. The income that will be derived by the sale of the schedule property will be beneficial for the purpose of the 7 G & WC.27/2021 education, maintenance, marriage and all other future prospects of the petitioner and his sister.
11. P.W.1 in the chief examination reiterated the facts as alleged in the petition. Ex.P.1-sale deed, it reveals that Sri.Jayakrishnan Gopinathan and his wife Mrs.Cini Jayakrishnan @ Mrs.Cini Padmanabhan purchased the schedule property from one Smt.V.Dhanalakshmi through the registered sale deed dated 03.11.2001. Ex.P.2 is the Uttara Pathra issued by BBMP. Ex.P.3 is certificate issued by BBMP. Ex.P.4 is the katha extract. Ex.P.5 is the birth certificate of Harigovind.J, it reveals that the date of birth of the petitioner is shown as 25.11.2005. Ex.P.6 and Ex.P.7 are the encumbrance certificates. Ex.P.8 is the death certificate of Sri. Jayakrishnan Gopinathan, it reveals that father of the petitioner died on 23.09.2019. Ex.P.9 is the Adhaar Card of Harigovind.J. Ex.P.10 is the Adhaar card of mother of petitioner Smt.Cini Padmanabhan and Ex.P.11 is the Genealogical tree. The evidence of P.W.1 8 G & WC.27/2021 and Ex.P.1 to Ex.P.11 are unchallenged by the respondent.
12. Admittedly the petitioner is a minor and her mother Mrs.Cini Jayakrishnan @Mrs.Cini Padmanabhan is the natural guardian of the petitioner. The father of the petitioner Sri.Jayakrishnan Gopinathan died intestate on 23.09.2019 leaving behind his wife Mrs.Cini Jayakrishnan @ Mrs.Cini Padmanabhan, daughter Ms.Krishnapriya.J and son Master Harigovind as his legal heirs to succeed to the schedule property. Thus, the petitioner, his sister along with his mother succeeded to the schedule property and enjoying the schedule property as co-owners each of them holding 1/3rd undivided share in the schedule property. The petitioner is a student studying in school at Bengaluru and is completely depending on his mother Mrs.Cini Jayakrishnan @ Mrs.Cini Padmanabhan for survival. The sale of the schedule property is for the interest and for the benefit of the petitioner, who is minor. The income 9 G & WC.27/2021 that will be derived by the sale of the schedule property will be beneficial for the purpose of the education, maintenance, marriage and all other future prospects of the petitioner and his sister. Nobody to look after the welfare of minor petitioner and nobody opposes the petition. Therefore, the mother of the petitioner Mrs.Cini Jayakrishnan @ Mrs.Cini Padmanabhan has to be appointed as a guardian of the minor petitioner to sell his proportionate 1/3rd undivided share on the schedule property. Therefore, I answer point No.1 in the affirmative.
13. POINT No.2:- In view of findings on point No.1, this Court proceeds to pass the following:
ORDER The petition filed by the petitioner under section 8 of the Guardian and Wards Act, 1890 is hereby allowed.
The mother of the petitioner by name Mrs.Cini Jayakrishnan @ Mrs.Cini 10 G & WC.27/2021 Padmanabhan is appointed as a natural and legal Guardian of the petitioner and permitting the petitioner to sell his proportionate 1/3rd undivided share on the schedule property through his mother and as natural guardian in favour of the purchaser/purchasers.
(Dictated to the Judgment Writer directly on computer, corrected, signed and then pronounced by me in the open court on this the 11th day of November, 2021) (G.L.Lakshminarayana) LVIII Addl. City Civil and Sessions Judge (CCH-59) Bengaluru City.
ANNEXURE LIST OF WITNESSES EXAMINED FOR PETITIONER:-
P.W.1 Mrs.Cini Jayakrishnan @ Mrs.Cini Padmanabhan LIST OF DOCUMENTS MARKED FOR PETITIONER:-
Ex.P.1 Dale deed dated 01.11.2001
Ex.P.2 Uttara Pathra issued by BBMP
Ex.P.3 Certificate issued by BBMP
11 G & WC.27/2021
Ex.P.4 Katha extract
Ex.P.5 Birth certificate of Harigovind.J
Ex.P.6 & 7 Encumbrance certificates Ex.P.8 Death certificate of Sri. Jayakrishnan Gopinathan Ex.P.9 Adhaar Card of Harigovind.J Ex.P.10 Adhaar card of Smt.Cini Padmanabhan Ex.P.11 Genealogical tree LIST OF WITNESSES EXAMINED & DOCUMENTS MARKED FOR RESPONDENT:-
-NIL-
(G.L.Lakshminarayana) LVIII Addl. City Civil and Sessions Judge (CCH-59) Bengaluru City.
12 G & WC.27/2021 Judgment pronounced in open Court vide separate judgment.
ORDER The petition filed by the petitioner under section 8 of the Guardian and Wards Act, 1890 is hereby allowed.
The mother of the petitioner by name Mrs.Cini Jayakrishnan @ Mrs.Cini Padmanabhan is appointed as a natural and legal Guardian of the petitioner and permitting the petitioner to sell his proportionate 1/3rd undivided share on the schedule property through his mother and as natural guardian in favour of the purchaser/purchasers.
LVIII ADDL.CITY CIVIL AND SESSIONS JUDGE (CCH-59) BENGALURU CITY.