Delhi District Court
Nidhi Aggarwal vs . State on 28 February, 2023
Nidhi Aggarwal Vs. State
In the Court of Ms. Prigya Gupta
Additional Senior Civil Judge/Judge Small Cause Court
Cum Guardian Judge, (East District), Karkardooma Courts,
Delhi.
G.P. No. 05/2022
1. Mrs. Nidhi Agarwal
Wife of Late Sh. Vijay Agarwal,
R/o Flat No. A21, Swati Apartments,
Plot No.12, I.P. Extension, Patparganj,
Delhi110092.
2. Ms. Kanika Agarwal
Daughter of Lt. Sh. Vijay Agarwal,
R/o Flot No. A21, Swati Apartments,
Plot No.12, I.P. Extension, Patparganj,
Delhi110092.
.....Petitioners.
VERSUS
1. The State NCT of Delhi
Through Chief Secretary,
Secretariat Building, I.P. Estate,
New Delhi110002.
2. Ms. Sonal Agarwal D/o Late Sh. Vijay Agarwal,
R/o Flat No. A21, Swati Apartments, Plot No.12,
I.P. Extension, Patparganj, Delhi110092.
.....Respondents
Date of Institution : 07.12.2022
Date of reserving of Judgment : 20.02.2023
Date of Order : 28.02.2023
G.P. No. 5/2022 Page 1 of 8
Nidhi Aggarwal Vs. State
Petition under Section 8(2) of the Hindu Minority and
Guardianship Act, 1956 for the grant of sale permission of
the definite share in the immovable property of minor
daughter Ms. Kanika Agarwal by the petitioner No.1
(Mother/Natural Gurdian)
ORDER :
1. By way of the present petition, filed under Section 8(2) of the Hindu Minority and Guardianship Act, 1956, the petitioner No.1 Ms. Nidhi Agarwal has sought permission to sell the definite share in the immovable property of minor daughter Ms. Kanika, who is aged about 14 years.
2. It is stated by the petitioner No.1, Ms. Nidhi Agarwal that she got married to Vijay Agarwal on 16.02.1996 and out of the said wedlock, two children, namely, Ms. Sonal Agarwal (respondent No.2) and Ms. Kanika Aggarwal (petitioner No.2) were born to her on 19.07.1997 and 22.01.2008 respectively. However, on 21.12.2017, her husband Vijay Agarwal had expired intestate. During his lifetime, Sh. Vijay Agarwal was owner of 50% undivided share in Flat No.A21, Second Floor, Situated at Swati Apartments, Plot No.12, I.P. Extension, Patparganj, Delhi, and owned 50% undivided share in Unit No. OXY050921 on the 9th floor, Tower No. Oxy05, measuring area 459 Sq. Fts, situated at RPS Infinia situated at 12/6, Milestone, Main Mathura Road, Faridabad. After death of Vijay Agarwal, as there is no other class1 legal heir of late Sh. Vijay Agarwal, aforesaid properties were equally inherited by the petitioner No.1 and petitioner No.2 as well as by the respondent G.P. No. 5/2022 Page 2 of 8 Nidhi Aggarwal Vs. State No.2 and each are entitled to 1/3rd undivided share in the above said immovable properties. It is further stated in the petition that the petitioner No.1 is dependent on the immovable property for her own survival as well as of her daughter Ms. Kanika Agarwal (petitioner No.2). It is further stated by the petitioner No.1 that she is ready to abide by any condition being imposed qua the sale of share of petitioner No.2. Consequently, the petitioner No.1 prays that present petition be allowed and petitioner No.1 being the natural guardian/mother of her child Ms. Kanika Agarwal has got the power to sell the share of minor in question along with all acts which are necessary or reasonable and proper for the benefit of the minor petitioner herein or for the realization, protection and for the benefits of the minor's aforesaid definite share in the immovable properties.
3. Notice of the petition was issued to the respondents. Petitioner was further directed to make publication in a National Newspaper with regard to her intent to dispose off the property of late Vijay Aggarwal. Publication was accordingly got effected by the petitioner regarding her intend to sell the above said two properties in the newspaper "Veer Arjun" on 05.01.2023. Nobody from the general public came forward or appeared in pursuance to the publication. No objections were filed regarding the same. Thereafter, in compliance of Section 8 (5) of the Hindu Minority and Guardianship Act, 1956 and of section 31 of the Guardianship and Wards Act, 1890, statements of petitioner No.1 Ms. Nidhi Agarwal and respondent No.2 Ms. Sonal G.P. No. 5/2022 Page 3 of 8 Nidhi Aggarwal Vs. State Agarwal were recorded by the Ld. Predecessor of this Court on 24.01.2023.
4. In her deposition before the Court, petitioner No.1 deposed that her husband Vijay Agarwal expired on 21.12.2017 and within his life time, he purchased two properties, i.e., (1) Flat No. A21, Second Floor, Swati Apartments, Plot No.12, I.P. Extension, Patparganj, Delhi110092 and (2) Unit No. OXY05 0921, 9th Floor, Tower No. Oxy05, RPS Infinia, 12/6, Milestone, main Mathura Road, Faridabad. After death of her husband, he is survived by herself, her minor daughter Kanika Agarwal (petitioner No.2) and elder daughter Ms. Sonal Agarwal (respondent No.2). She further deposed that in order to the sell the above said two properties, publication with regard to her intend to sell the same was published in newspaper "Veer Arjun" dated 05.01.2023. She further deposed that she wanted to sell the undivided share of her minor daughter Kanika Agarwal, the petitioner No.2, in the aforesaid two properties for her future well being, education and upbringing of her children since she had to pay for the education of her minor daughter Kanika who was studying in RSKV School in class tenth. She further deposed that she is a house wife and has no separate earning or income. Furthermore, parents of her late husband Vijay Agarwal have already expired. She relied upon the documents, viz., the photocopy of death certificate of her motherinlaw, namely, Smt. Krishna Aggarwal as Mark A, birth certificate of Kanika Agarwal as Ex.P1 (OSR), copy of Aadhar G.P. No. 5/2022 Page 4 of 8 Nidhi Aggarwal Vs. State Card of Kanika Agarwal as Ex.P2 (OSR), death certificate of Vijay Agarwal as Ex.P3 (OSR), copy of sale deed and allotment letter qua both the aforesaid properties as Ex.P4 (colly), besides her aadhar card Ex.P5 (OSR) and publication in newspaper "Veer Arjun" dated 05.01.2023 as Ex.P6.
5. In her deposition before the Court, the respondent No.2 Ms. Sonal Agarwal deposed that she has no objection, if the undivided share of her minor sister Kanika Agarwal in the aforesaid properties is being sold by the petitioner No.1 Ms. Nidhi Agarwal since the petitioner No.1 has to pay for the education of her minor sister, who is currently studying in RSKV School in class tenth. She further deposed that her mother, i.e., the petitioner No.1 Nidhi Agarwal has no separate earning or income. She also deposed that parents of her later father Sh. Vijay Agarwal had already expired. She placed photocopy of her Aadhar Card as Ex.X1 (OSR).
6. I have perused the record as well as statements given by petitioner witnesses, i.e., the petitioner No.1 Ms. Nidhi Agarwal and the respondent No.2 Ms. Sonal Agarwal.
7. The petitioner no. 1 has filed the present petition seeking permission to sell the definite share of her minor daughter 'Ms. Kanika Aggarwal' in the immovable properties bearing no. i.e., (1) Flat No. A21, Second Floor, Swati Apartments, Plot No.12, I.P. Extension, Patparganj, Delhi110092 and (2) Unit No. OXY 050921, 9th Floor, Tower No. Oxy05, RPS Infinia, 12/6, G.P. No. 5/2022 Page 5 of 8 Nidhi Aggarwal Vs. State Milestone, main Mathura Road, Faridabad. It is averred in the petition that the petitioner got married to Mr. Vijay Aggarwal who expired on 21.12.2017. It is her assertion that the petitioner no. 1 and the deceased had two children namely Sonal Agarwal and Kanika Agarwal (minor). The petitioner has placed on record the birth certificate of petitioner no. 2 Ms. Kanika Aggarwal reflecting the petitioner no. 1 as the mother and the deceased as the father of petitioner no. 2. The date of birth of petitioner no. 2 is 22.01.2008. It is stated that the deceased was the owner and was in possession of the abovestated properties. Sh. Vijay Aggarwal had expired intestate and the petitioner no. 1, petitioner no. 2 & respondent no. 2 are the sole classI legal heirs of the deceased Lt. Sh. Vijay Aggarwal. It is stated that the mother and father of Lt. Sh. Vijay Aggarwal have already expired. The petitioner has placed on record the copy of the sale deed dated 22.04.2009 and the allotment letter dated 21.02.2014, qua the abovesaid properties. Perusal of the sale deed reveals that the property was jointly purchased by Vijay Aggarwal and Nidhi Aggarwal. The perusal of the allotment letter reveals that the property bearing no. OXY050921 was alloted in the name of the deceased Mr. Vijay Aggarwal and the petitioner no. 1 Ms. Nidhi Aggarwal.
8. In the present matter, admittedly the petitioners no. 1, 2 & respondent no. 2 are the joint owners of properties bearing no. (1) Flat No. A21, Second Floor, Swati Apartments, Plot No.12, I.P. Extension, Patparganj, Delhi110092 and (2) Unit No. OXY 050921, 9th Floor, Tower No. Oxy05, RPS Infinia, 12/6, G.P. No. 5/2022 Page 6 of 8 Nidhi Aggarwal Vs. State Milestone, main Mathura Road, Faridabad. As per the documents placed on record, the petitioner no. 2 is the minor daughter of the petitioner no. 1. The father of the petitioner no. 2 has already expired. The petitioner no. 1 deposed to the effect that the disposal of the properties in question was necessary for the well being of her minor daughter. She deposed that she is a housewife without any source of income or separate earning. It has further been averred that the disposal of the properties is necessary for the upbringing of her children and for bearing the expenses of the education of her minor daughter who is currently studying in RSKV School in Class 10 th. It has further been stated by petitioner that the parents of her deceased husband have also expired. It is stated by the petitioner that she intends to use the consideration amount received by her from the sale of the properties for the betterment and the education of her children. It is her submission that her interests are not averse to that of the petitioner no. 2's interests. It is her submission that no fruitful purpose would be served by retaining the said properties. It is her assertion that the sale of the properties is necessary as she is not earning and in case she is not allowed to sale of the properties in question, the future prospects of her children would be adversely affected.
9. Thus, in view of the reasons stated above, the petition stands allowed. The petitioner no. 1 is hereby permitted to sell the share of minor Ms. Kanika Agarwal in the properties bearing no. Flat No. A21, Swati Apartments,Plot No.12, I.P. Extension, Patparganj, Delhi110092 and unit no. OXY050921, 9th Floor , G.P. No. 5/2022 Page 7 of 8 Nidhi Aggarwal Vs. State Tower No. OXY05 situated at RPS Infinia at 12/6 milestone, Main Mathura Road, Faridabad as per law. Further, the petitioner no. 1 is directed to ensure that the consideration amount towards the share of her minor child i.e. petitioner no. 2 be deposited in fixed deposit/securities in auto renewal mode which shall be made in the name of the minor daughter i.e. Ms. Kanika Agarwal till the time she attains maturity. Petitioner no. 1, however, shall be at liberty to use the interest amount (after deduction of tax, if any) received upon the said FD of the minor for payment of school fees, medical expenses etc,. and for the welfare and upbringing of the minor petitioner no. 2. The petitioner no. 1 shall not misuse the same. It is further made clear that by way of present order, merely permission is granted to sell the share of petitioner No. 2 in the abovesaid properties. All the transfer etc. shall be conducted as per the law.
10. Now to come up on 03.07.2023 for filing of compliance of the present order. Copy of order be given dasti as prayed.
Pronounced in the open (Prigya Gupta)
court on 28/02/2023 JSCCcumASCJ/Guardian Judge,
East District, Karkardooma Courts,
Delhi.
This judgment contains 8 pages and each page is signed by me.
G.P. No. 5/2022 Page 8 of 8