Delhi District Court
Smt. Raminder Kaur vs State on 17 December, 2013
IN THE COURT OF Ms. ANU MALHOTRA
DISTRICT & SESSIONS JUDGE (WEST) : DELHI
Guardianship Petition No. 7/2012
U/s. 8 of the Hindu Minority and Guardianship Act, 1956
Unique ID No. 02401C0152112012
1. Smt. Raminder Kaur
W/o. Late Sardar Harinder Singh
2. Master Gaganjot Singh
3. Master Chiranjeev Singh
Both sons of Late Sardar Harinder Singh
Through Smt. Raminder Kaur bring their
mother and natural guardian and next friend.
All r/o. D21, IIIrd Floor, Fateh Nagar
New Delhi - 110 018. . . . . Petitioners
versus
1. State
2. Smt. Mohinder Kaur
W/o. Late S. Balbir Singh
R/o. D21, Fateh Nagar
New Delhi - 110 18. . . . . Respondents
Date of institution : 02.04.2012
Judgment Reserved on : 28.11.2013
Date of pronouncement : 17.12.2013
JUDGMENT
This judgment shall dispose of a Guardianship Petition No. 7/2012 instituted on 02.04.2012 by the petitioners Smt.Raminder Kaur, w/o. Late Sardar Harinder Singh and Master Gaganjot Singh and Master Chiranjeev Singh through Smt. Raminder GP No. 7/12 Page1of9 Kaur, petitioner No.1, their mother and natural guardian under Section 8 of the Hindu Minority and Guardianship Act, 1956 whereby the petitioner No.1 has sought permission to sell the undivided share of her two minor children Gaganjot Singh and Chiranjeev Singh in the portion comprising of one hall 12½' x 28' total 38.89 sq. yards on the ground floor without roof rights out of the property bearing Municipal No. D21, Fateh Nagar, New Delhi - 110 018 total measuring 200 sq. yards on such terms and conditions as the Court may deem fit and proper in the interest of justice.
Notice of the petition was issued to the respondent No.1 Smt. Mohinder Kaur, wife of Late S. Balbir Singh, the motherinlaw of the petitioner No.1 and the paternal grandmother of the two minor children Gaganjot Singh and Chiranjeev Singh, who submitted her no objection dated 04.05.2012 to the petition and to the prayer made by the petitioner No.1 seeking to sell the undivided share of the two minor children in the property in question. Publication was also effected in the edition of the Statesman dated 24.05.2012 whereby the members of the public at large had notice of the petition. No objections has been filed by any person to the petition.
The report of the SDM, Rajouri Garden in relation to the valuation of the property and of the 2/4th share of the property was received, which assessed the 2/4th share at Rs. 2,92,084/ with the value of 38.89 sq. yards as being Rs. 5,84,168/. The break up of the valuation was also submitted alongwith the valuation report of the SDM, Rajouri Garden.
GP No. 7/12 Page2of9 In support of the averments made in the petition, the petitioner has put herself in the witness box as PW1.
As per averments made in the petition, Sardar Harinder Singh, the husband of the petitioner No.1 and father of the two minor children was the owner of the built up property comprising of two halls area measuring 12 x 14 feet and 12 ½ x 28 feet on the ground floor without roof rights out of the property bearing Municipal No. D21, Fateh Nagar, New Delhi - 110 018 with the total area measuring 200 sq. yards (16 x 30 feets) and the said two halls had been purchased by Sardar Harinder Singh vide sale deed dated 18.02.2005 executed by Smt. Ram Bheji, wife of Late Shri Harnam Singh for a consideration of Rs. 10,50,000/, out of which, the deceased paid a sum of Rs. 1,50,000/ in cash and the balance amount of Rs. 9,00,000/ was paid by Sardar Harinder Singh to Smt.Ram Bheji by way of banker's cheque favouring Smt. Ram Bheji as issued by State Bank of India, 1/18B, Asaf Ali Road, New Delhi. It has been further stated in the petition that Sardar Harinder Singh expired on 23.04.2009 leaving behind the petitioner No.1, the two minor sons namely Gaganjot Singh and Chiranjeev Singh and his aged mother Smt. Mohinder Kaur, wife of Late S. Balbir Singh, the four legal heirs of the property in terms of the Hindu Succession Act.
As per averments made in the petition, a portion of 18.67 sq. yards i.e. one hall measuring 12' x 14' out of the total of 57.56 sq. yards is not in the possession of the petitioners and is in possession of some third party and was so even when Sardar Harinder Singh was alive.
GP No. 7/12 Page3of9 Through her unchallenged testimony, the petitioner has produced the birth certificate of Gaganjot Singh and Chiranjeev Singh, the photocopies of which have been testified to be Ex. PW1/1 and PW1/2, which shows their dates of birth as being 08.01.1998 and 16.12.1999 respectively. The petitioners have also produced the death certificate of Shri Harinder Singh, son of Late Shri Balbir Singh to indicate that he expired on 23.04.2009 and the copy of the said certificate is Ex. PW1/3.
Through the petition, it was submitted by the petitioner that after considerable time after the death of Sardar Harinder Singh, the petitioner No.1 learnt that her late husband Sardar Harinder Singh during his life time had availed a loan from the State Bank of India, 1/18B, Asaf Ali Road, New Delhi (Account No. 10237494994) and that he had not repaid the entire loan amount and the interest accrued thereon still remained to be unpaid and that the petitioners were threatened by the officials of the bank with coercive measures, if the loan amount with interest accrued thereon is not paid fully to the bank and that the said threats still continue as the petitioner No.1 has been getting phone calls regularly. The petitioner No.1 has further submitted that she has no means or source to repay the unpaid amount amounting to lacs of rupees to the bank and that she requested the said bank to furnish the copies of the loan documents to her alongwith copies of the statement of account and the details of the payments made by her husband to the bank and also informed the bank that she has no source of living and had requested for waiver of the interest but the bank did not GP No. 7/12 Page4of9 respond. The petitioner No.1 has further submitted that she wants to liquidate the liability of her deceased husband once for all and that Smt. Mohinder Kaur, the mother of the deceased relinquished her 1/4th share in the said property in favour of the petitioner No.1 out of the total share in all measuring 57.76 sq. yards, qua which, she produced the relinquishment deed dated 23.07.2010 Ex. PW1/5 in her testimony and stated further that on execution of the relinquishment deed, the petitioner No.1 became owner of the half of the undivided share of the portion of ground floor in property in question.
The petitioner No.1 has further reiterated that she has no source of income nor arrangement to repay the loan amount to the bank and that the motherinlaw of the petitioner is very old and not in the capacity to repay the unpaid loan amount to the bank and the petitioner No.1 having been left with no other alternative or option, had to sell her ½ (half) undivided share in the portion of 38.89 sq. yards on the ground floor without roof rights out of the property in question to one Balbir Singh Ahuja, son of Late Shri Hardayal Singh Ahuja, resident of 37/8, Ashok Nagar, New Delhi - 110 018 vide sale deed dated 29.07.2010 and duly registered in the Office of Sub Registrar - II, Janakpuri, New Delhi for a sale consideration of Rs.3,90,000/, which was in turn paid by her by adding Rs. 35,000/ to the State Bank of India in the said loan account on or about 05.08.2010 and thereafter, on 06.08.2010 had further deposited a sum of Rs. 49,000/ in the said loan account after disposing of her jewellery and other valuables. The petitioner No.1 GP No. 7/12 Page5of9 has further submitted that she requested her parents for some financial help so that the loan account may be liquidated at the earliest and her aged parents paid her a loan amounting to Rs. 1,75,000/, which was also deposited by the petitioner No.1 on 11.08.2010 and 12.08.2010 with the said bank on the loan account of her husband. The petitioner No.1 has further stated that she was also given a sum of Rs. 48,000/ by her father, which she further deposited into the bank account on 31.08.2010 and that she also requested her relatives and friends for some amount on loan and was able to secure a total loan amount of Rs. 4 lacs from them, which she also deposited into the bank account of her husband on 01.09.2010, but despite all efforts and exhausting all avenues, the petitioner No.1 has not been able to liquidate the loan liability of her husband and the bank continues to charge the interest every month on a very higher rate causing anxiety and tension to her.
The petitioner No.1 has further submitted that the interest is accruing and increasing every day and she is now left with no other option except to sell the share of her two minor sons in the portion comprising of one hall 12½ x 28 feet total 38.89 sq. yards on the ground floor without roof rights out of the property bearing Municipal No. D21, Fateh Nagar, New Delhi - 110 018 to repay the balance loan amount to the State Bank of India. She has further submitted that the sale of the two minors' shares in the said property has become a necessity for the lawful discharge of the liability of Sardar Harinder Singh, the late husband of the petitioner No.1 and father of her two minor sons and that the petitioner No.1 thus GP No. 7/12 Page6of9 intends to alienate and sell the minors' share in the said property for the necessity of repayment of loan and interest to the bank and also for the welfare and advantage of the minors. The petitioner No.1 has further submitted that she is getting a good price for the share of 2/4th undivided share of the minors in the said portion of the property in question and that she is the mother and natural guardian and next friend of her two minor children and has no interest adverse to the interest of the minors. The petitioners have also submitted that the description of the property as per Annexure 'A' in the petition as detailed "immovable property comprising of one hall admeasuring 12½ sq. feets x 28' total area 38.89 sq. yards on the ground floor of the property bearing No. D21, Fateh Nagar, New Delhi - 110 018".
Through her affidavit Ex. PW1/A, the petitioner No.1 has reiterated the averments made in the petition and testified to Ex. PW1/7 as being the statement of account No. 10237494994 in the name of Harinder Singh of the State Bank of India, 1/18B, Asaf Ali Road, New Delhi.
Vide order dated 13.11.2013, the petitioner No.1 was directed to file an affidavit specifying the anticipated sale proceeds of the share of the two minor children, which has been submitted by the petitioner to the effect that the anticipated sale proceeds of the share of the two minors is Rs. 4 lacs approximately. As per the affidavit dated 28.11.2013, the total liability towards the bank that remains due is Rs. 4,99,532.49 till the date 19.11.2013 and the statement of the account of the bank is also annexed to the said GP No. 7/12 Page7of9 affidavit.
On a consideration of the submissions that have been made on behalf of the petitioners by the ld. counsel for the petitioners, submissions made in the petition and the affidavit of the petitioner No.1, it is evident that the loan liability of Sardar Harinder Singh, the father of the two minor children Gaganjot Singh and Chiranjeev Singh towards his unpaid loan account is accruing and increasing each day to the detriment of the two minors and that is would be thus advantageous that the liability on the two minors and their property is discharged at the earliest.
There being no opposition to the petition whatsoever from any quarter, and the averments made in the petition and the affidavits of the petitioner No.1 and her testimony having brought forth clearly the necessity of sale of the undivided share of the two minor children Gaganjot Singh and Chiranjeev Singh in the portion comprising of one hall measuring 12½' x 28' total 38.89 sq. yards on the ground floor without roof rights out of the property bearing Municipal No. D21, Fateh Nagar, New Delhi - 110 018, the Guardianship Petition No. 7/12 is allowed and the petitioner No.1 Smt. Raminder Kaur is permitted to sell the undivided share of the two minor children Gaganjot Singh and Chiranjeev Singh in the portion comprising of one hall measuring 12½' x 28' total 38.89 sq. yards on the ground floor without roof rights out of the property bearing Municipal No. D21, Fateh Nagar, New Delhi - 110 018 subject to the following conditions : GP No. 7/12 Page8of9
1. The petitioner No.1 shall file the registered sale deed of the property mentioned hereinabove within 15 days of this sale transaction.
2. The petitioner No.1 shall submit the statement of account of the State Bank of India, 1/18B, Asaf Ali Road, New Delhi qua the loan account No. 10237494994 and the discharge of liability thereof within a period of 15 days of the sale of the undivided share of the two minor children of the property detailed hereinabove.
The Guardianship Petition No. 7/2012 is disposed of accordingly and the file be consigned to the Record Room with directions to the InCharge, Record Room to ensure that the records of the instant case are not destroyed without permission of the Court.
Announced in Open Court
today this the 17th day of ( Anu Malhotra )
December, 2013 District & Sessions Judge (West)
Tis Hazari Courts/Delhi
GP No. 7/12 Page9of9