Delhi District Court
Smt. Santosh vs The State on 5 October, 2009
-: 1 :-
IN THE COURT OF SHRI V.P. VAISH, DISTRICT JUDGE-II TIS
HAZARI COURTS, DELHI
G.P. No. 58 / 2009
Date of institution: 07.05.2008
Judgment reserved on: 25.09.2009
Judgment pronounced on: 05.10.2009
Smt. Santosh
W/o Late Sh. Ranbir Singh
R/o 11, Neelwal PO Tikree
Najabgarh, Delhi ...... Petitioner
Versus
1. The State
2. Sh. Kishan Kumar,
S/o Late Shri Umed
R/o 11, Neelwal, PO Tikree,
Nangloi, Delhi
3. Sh. Subhash
S/o Late Sh. Umed
R/o 11, Neelwal, PO Tikree,
Nangloi, Delhi ....... Respondents
Petition under Section 8 of Hindu Minority and Guardianship
Act, 1956 and Section 28 & 29 of the Guardian and Wards
Act.
JUDGMENT
This is a petition under Section 8 of the Hindu Minority and Guardianship Act, 1956 and Section 28 & 29 of Guardian and Wards Smt. Santosh Vs. State & Ors.
-: 2 :-Act, 1890 seeking permission to sell the share of minor child namely Sunni.
2. Briefly stating the case of the petitioner is that petitioner is mother of minor child namely Sunni, the petitioner is living at village Neelwal, Nangloi, New Delhi. The petitioner has two daughters namely Varsha born in the year 1992 and Pooja born in the year 1996 and one son namely Sunni. The date of birth of minor child Sunni is 25.08.2000. The son of the petitioner is owner to the extent of 1/3rd share of agricultural land out of 14 Bigha 14 Biswas. Copy of Ration Card and election I-Card of the petitioner has been filed as Annexure A and B with the petition.
3. It is averred by the petitioner that deceased Shri Ranbir Singh, husband of the petitioner was owner of 1/3rd share of ancestral agricultural land out of 14 bigha and 14 biswas comprising in rectangle No.40, kahsra No. 16/2, 17/1, 24,25/1, rectangle No. 49, khasra, 4/1.5.1, rectangle No. 142/1, situated at village Neelwal, Nangloi, Delhi. The husband of the petitioner died on 18.04.2001, his death certificate has been filed as Annexure-C with the petition. After the death of Ranbir Singh, minor son of petitioner namely Sunni is the only legal heir of the said agricultural land and was entitled to get the property transferred in his name. Said agricultural land was mutated in the name of minor Sunni in the revenue record and the minor has been shown as owner of 1/3rd share of said agricultural land in Khatoni, the khatoni has been filed as Annexure D with the petition.
-: 3 :-4. It is also averred by the petitioner that said land was for the welfare and interest of the minor. The prices of land have increased but the land in question is small piece of land and no means of irrigation is available to cultivate the land as the other co-sharers of agricultural land are also not supporting for the arrangement of irrigation system. Hence, the land has become "Banjar" and unfertile. The minor is not getting any benefit from this land and due to lack of water, the fertility of land is going down due to non cultivation day by day.
5. It is also averred by the petitioner that the petitioner has no means or resources to give education to her minor children as Master Sunni is studying in class 2nd in Evergreen Senior Secondary Public School, CRPF Camp, Jaroda, Delhi. No guardian has been appointed for the person of the property / agricultural land of the minor son Sunni.
6. It is further averred by the petitioner that the petitioner has prospective buyer who has offered Rs. 53 lacs for the share of minor which is good market value. The petitioner is getting nothing from the said agricultural land it has become essential for the interest and welfare of the minor child to sell the agricultural land. The petitioner is real mother of minor Sunni and can better watch the interest of the minor and wants to sell the share of agricultural land in the interest of minor and petitioner will spend the said money for the education and welfare of the minor. The petitioner has prayed that permission be granted to sell the share of minor Sunni in the aforesaid agricultural land.
-: 4 :-7. The notice of the petition was issued to State through Collector. The citation for general public was got published in the newspaper 'The Statesman' dated 12.06.2008 and a copy of citation was also displayed on the notice board of the Court. No one came forward to file the objections from the general public.
8. Notice of the petition was also issued to respondents No. 2 and 3 who appeared on 23.01.2009 and made statements that they have no objection in favour of the petitioner.
9. The Tehsildar, Punjabi Bagh has filed valuation report dated 12.02.2009, in the report it is mentioned that minor Sunni son of late Shri Ranbir Singh of Village Neelwal has 1/3rd share in the undivided agricultural land totaling 14 bigha 14 biswa and the value of his share as per circle rate is Rs.54,06,000/- (Rupees fifty four lacs & six thousand only).
10. In support of her case, the petitioner has examined herself as Pw-1. She has tendered her affidavit, which is Ex.P-1. By way of her affidavit, she has deposed in terms of the petition. She has deposed that her son Sunni was born on 25.08.2000. She has proved the copy of her ration card as Ex.Pw-1/1 and copy of election I-card is Ex.Pw-1/2. She has also deposed that her husband was owner of one third of ancestral agricultural land out of 14 bigha and 14 biswa comprising in rectangle No.40 Khasra No. 16/2, 17/1, 24,25/1 rectangle No.49, khasra 4/1,5/1, rectangle No. 142/1, situated at Smt. Santosh Vs. State & Ors.
-: 5 :-Village Neelwal, Najabgarh, New Delhi. She has proved the copy of khasra khatoni as Ex.Pw-1/3. Her husband expired on 18.04.2001 and his death certificate is Ex.Pw-1/4. Minor son Sunni is studying in class 3rd in Evergreen Senior Secondary Public School, CRPF Camp, Jaroda, Delhi, she has no means or resources to give education to her minor children. She has also deposed that she has prospective buyer who has offered Rs.53 lacs for the share of the land of her minor son which is a good market value and same is in the interest of minor. She has no other source of income and is getting nothing from the agricultural land so it has become essential for the interest and welfare of the minor child.
11. Thereafter learned counsel for the petitioner closed evidence on behalf of petitioner vide his statement dated 24.08.2009.
12. I have heard Shri A.K. Mishra, learned learned counsel for the petitioner. I have also carefully gone through material on record.
13. Learned counsel for the petitioner contended that deceased husband of the petitioner namely Shri Ranbir Singh was owner of 1/3rd share in agricultural land along with his two brothers namely Shri Subhash Singh and Krishan Kumar, who are also owners of 1/3rd share each in the said agricultural land. The husband of the petitioner died on 18.04.2001 and left behind one minor son Sunni and two daughters besides the petitioner. The minor son and daughters of the petitioner are student and petitioner has no source of income and she is unable Smt. Santosh Vs. State & Ors.
-: 6 :-to give proper education to the minor children. Learned counsel for the petitioner also submitted that the petitioner has proved the copy of Khasra Khatoni as Ex.PW-1/3 to show that Sunni son of Ranbir Singh, Subhash and Krishan Kumar are owners of 1/3rd share each in the agricultural land.
14. The respondents No.2 and 3, who are brothers of the deceased Ranbir Singh have made statement on 23.01.2009. They have stated that Shri Ranbir Singh was their brother. Ranbir Singh died leaving behind the petitioner and three children namely minor Sunni and two daughters namely Varsha and Pooja, all the three children are living with the petitioner. After the death of Ranbir Singh, his 1/3rd share has been mutated in the name of his son Sunni. They have 1/3rd share each in the agricultural land as mentioned in Khatoni Ex.Pw-1/1 (copy of Khasra Khatoni has been proved by the petitioner as Ex.PW-1/3). They intend to sell the entire land as there is shortage of underground water and the prices are also very good and they want to buy another piece of land in Haryana. The petitioner is maintaining all the children and finding difficult to maintain them as she has no source of income other than small piece of land. Both the respondents have stated that they have no objection if the petitioner is appointed as guardian of minor Sunni and permitted to sell his share with them.
15. From the pleadings and evidence adduced by the petitioner, it is manifest that the petitioner is the mother of minor child Sunni, the father of minor child namely Ranbir Singh died on 18.04.2001, copy of Smt. Santosh Vs. State & Ors.
-: 7 :-death certificate is Ex.Pw-1/4. The certified copy of Khatoni Ex.Pw-1/3 indicates that Master Sunni along with Krishan Kumar and Subhash Singh is owner of 1/3 share of agricultural land out of 14 bigha and 14 biswa comprising in rectangle No.40 Khasra No. 16/2, 17/1, 24,25/1 rectangle No.49, khasra 4/1,5/1, rectangle No. 142/1, situated at Village Neelwal, Najabgarh, New Delhi.
16. From the testimony of petitioner, it is established that the petitioner has no other source of income and it is difficult for her to maintain herself and her minor children. The minor child Master Sunni is school going and the petitioner is unable to give proper eduction to the minor child.
17. The petitioner while appearing as Pw-1 has deposed that prospective buyer is read to pay Rs.53 lacs in respect of 1/3rd share of minor son Sunni, which is a good market value. As per report of Tehsildar, Punjabi Bagh, the market value of share of property of minor child is Rs.54,06,000/-. There is no reason to disbelieve the sworn testimony of the petitioner and the petitioner has no interest adverse or prejudicial to the rights of the minor. She is constrained to sell the minor's share for legal necessity i.e. for educating and upbringing of the minor and there is no source of irrigation to cultivate the land.
18. As a result of above discussion, the petition is allowed and the petitioner Smt. Santosh is permitted to sell undivided 1/3rd share of minor child namely Sunni in agricultural land out of 14 bigha and 14 Smt. Santosh Vs. State & Ors.
-: 8 :-biswa comprising in rectangle No.40 Khasra No. 16/2, 17/1, 24,25/1 rectangle No.49, khasra 4/1,5/1, rectangle No. 142/1, situated at Village Neelwal, Najabgarh, New Delhi for a consideration which shall not be less than Rs.54,06,000/- (Rupees fifty four lacs six thousand only). The petitioner will deposit the said amount of consideration in the name of minor child Master Sunni, in the Fixed Deposit / Securities with any nationalized bank or Post Office, till the period the minor child attains the age of majority. However, the petitioner is permitted to withdraw the amount of interest to be accrued on the said Fixed Deposits / Securities for the welfare, education and upbringing of the minor. The petitioner is permitted to complete the transaction within a period of three months and she will submit copy of said transaction within one month thereafter. Necessary certificate be issued in favour of the petitioner Smt. Santosh wife of late Shri Ranbir Singh on her furnishing necessary bond / undertaking with one surety. File be consigned to Record Room.
Announced in open Court (V.P. VAISH)
on this 5th day of October 2009 DISTRICT JUDGE-II
(NORTH) DELHI
Smt. Santosh Vs. State & Ors.