Madras High Court
Mr.G.Kothandapani vs Mr.M.Boopalan on 1 September, 2021
Author: V. Parthiban
Bench: V.Parthiban
Order dated 01.09.2021
in O.P.No.468 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.09.2021
Coram:
THE HONOURABLE MR.JUSTICE V.PARTHIBAN
Original Petition No.468 of 2021
Mr.G.Kothandapani,
S/o Late Ganesan .. Petitioner
Vs.
Mr.M.Boopalan,
S/o Late Mouthan .. Respondent
Original Petition (O.P) filed under Sections 3, 7, 8, 9, 10 and 29 of the
Guardian and Wards Act, 1890 and under Order XXI Rules 2 and 3 of the
Original Side Rules of this Court, praying for the following reliefs:
(i) to appoint the petitioner Mr.G.Kothandapani as guardian of the
person and property of the minors J.Yuva Shakthi and J.Keerthana Sree.
(ii) to permit the petitioner herein as guardian to operate and
withdraw the money from the S.B.A/c. of father and mother of the minors,
and deposit the same in the name of minors, in any Nationalised Bank, and
(iii) to allow the petitioner to withdraw the interest of the amount
deposited from the Nationalised Bank and to use the same for the welfare of
the minors.
Page No.1/8
https://www.mhc.tn.gov.in/judis/
Order dated 01.09.2021
in O.P.No.468 of 2021
For petitioner : Mr.B.Namasivayam
For respondent: Service of notice - completed
ORDER
This Original Petition is filed praying for the following reliefs:
(i) to appoint the petitioner Mr.G.Kothandapani as guardian of the person and property of the minors J.Yuva Shakthi and J.Keerthana Sree.
(ii) to permit the petitioner herein as guardian to operate and withdraw the money from the S.B.A/c. of father and mother of the minors, and deposit the same in the name of minors, in any Nationalised Bank, and
(iii) to allow the petitioner to withdraw the interest of the amount deposited from the Nationalised Bank and to use the same for the welfare of the minors.
2. The case of the petitioner as culled out from the petition is as follows:
(a) Y.Yuva Shakthi is a minor of the age of 14 years and upwards, having been born on 08.04.2007 and is a female, and J.Keerthana Sree is a Page No.2/8 https://www.mhc.tn.gov.in/judis/ Order dated 01.09.2021 in O.P.No.468 of 2021 minor of the age 11 years and upwards, having been born on 07.05.2010 and is a female. Both the minors are by religion a Hindu. The said minors are ordinarily residing at No.33/9, Jaganathan Street, Agaram, Jawahar nagar, Chennai-600 082 and presently is in the care and custody of parental uncle (petitioner herein).
(b) The petitioner is the paternal uncle of the above said minors and the respondent is the maternal grandfather of the minors. The father of the minors, i.e. G.Janardanan died on 08.08.2019 at the above address. The mother of the minors, i.e. Tmt.J.Arunodaya died on 14.04.2020 in the said address. The father of the said minors was holding S.B.Account No.403671868 in the Indian Bank, Jawahar Nagar Branch, and the mother is holding S.B.A/c.No.917563962 in the Indian Bank, Jawahar Nagar Branch.
Both the minors are entitled to claim the deposits of their father and mother.
(c) The only relations of the minors now living, are their paternal, residing at the above address. This petition is filed for appointment of guardian of minors J.Yuva Shakthi and J.Keerthana Sree to claim the S.B.A/c. deposits of their father and mother for the benefit and welfare of the minors. It is stated by the petitioners that it is of utmost necessity to Page No.3/8 https://www.mhc.tn.gov.in/judis/ Order dated 01.09.2021 in O.P.No.468 of 2021 meet the expenses of the minors and the minors' share is sought for their welfare and upliftment and also for educational expenses of the minors.
(d) The minors J.Yuva Shakthi and J.Keerthana Sree are ordinarily residing at the above address, along with the petitioner, within the jurisdiction of this Court.
(e) The paternal grandfather of the minors, i.e. N.Ganesan pre- deceased on 22.08.1996 and the paternal grandmother of the minors, i.e, Tmt.G.Saraswathi pre-deceased on 25.09.2013. The maternal grandmother, i.e. Tmt.Durgabai also pre-deceased. The petitioner is the paternal uncle of the minors and the respondent is the maternal grandfather of both the minors.
(f) The petitioner further states that no guardian of the person or of the property of the minors, had been appointed by any person, and no application has at any time been made to this or any other Court with respect to the guardianship of the person or property of the minor. Hence, for the above reasons, the petitioner has filed the present petition for the relief stated supra.
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3. The petitioner was examined as P.W.1 and marked Exs.P-1 to P-10. Ex.P-1 is the computer generated Birth Certificate of P.W.1's brother's daughter minor J.Yuva Shakthi, who was born on 08.04.2007. Ex.P-2 is the computer generated Birth Certificate of his brother's daughter minor J.Keerthana Sree, who was born on 07.05.2010. Ex.P-3 is the computer generated Death Certificate of the petitioner's brother G.Janardanan, who died on 08.08.2019. Ex.P-4 is the computer generated Death Certificate of his brother's wife J.Arunodaya, who died on 14.04.2020. Ex.P-5 is the computer generated Legal Heirship Certificate, dated 31.12.2019 in respect of the petitioner's brother G.Janardanan. Ex.P-6 is the computer generated Death Certificate of P.W.1's mother G.Saraswathi, who died on 25.09.2013. Ex.P-7 is the photocopy of the petitioner/P.W.1's Aadhar Card bearing No.7757 9328 3615. Ex.P-8 is the photocopy of the Savings Bank Account Pass book in Indian Bank, Jawahar Nagar Branch, bearing Account No.403671868 in respect of P.W.1's deceased brother G.Janardanan. Ex.P- 9 is the photocopy of the Savings Bank Account Passbook in Indian Bank, Jawahar Nagar Branch, bearing Account No.917563962 in respect of Mrs.Arunodaya. Ex.P-10 is the petitioner's declaration of willingness to Page No.5/8 https://www.mhc.tn.gov.in/judis/ Order dated 01.09.2021 in O.P.No.468 of 2021 accept the office of the guardian of the person and property of the minors J.Yuva Shakthi and J.Keerthana Sree.
4. The respondent was examined as R.W.1. He deposed that he is the maternal grandfather of the minors J.Yuva Shakthi and J.Keerthana Sree. He further adduced evidence to the effect that he is giving his consent and willingness for the petitioner to be appointed as guardian of the said minors and thus, he is having no objection in granting guardianship to the petitioner. Ex.R-1 is the consent affidavit of R.W.1 in that regard.
5. Considering the oral and documentary evidence and the materials placed on record, this Court is satisfied that the petitioner is entitled to succeed in this Original Petition. Accordingly, this Original Petition is ordered in the following terms:
(i) The petitioner is hereby appointed as Guardian of the person and property of the minors J.Yuva Shakthi and J.Keerthana Sree.
(ii) The petitioner is permitted as Guardian to operate and withdraw the money from the Savings Bank Account of the father and mother of the Page No.6/8 https://www.mhc.tn.gov.in/judis/ Order dated 01.09.2021 in O.P.No.468 of 2021 minors and deposit the same in the name of minors in any Nationalised Bank.
(iii) The petitioner is allowed to withdraw the interest of the amount deposited from the Nationalised Bank and to use the same for the welfare of the minors.
(iv) The petitioner is also directed to execute a security bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) in favour of the Assistant Registrar (O.S.-II), High Court, Madras.
01.09.2021 Speaking Order: Yes cs Page No.7/8 https://www.mhc.tn.gov.in/judis/ Order dated 01.09.2021 in O.P.No.468 of 2021 V. PARTHIBAN, J cs O.P.No.468 of 2021 01.09.2021 Page No.8/8 https://www.mhc.tn.gov.in/judis/