Delhi District Court
Deepa Bhatt vs State Of Nct Of Delhi on 9 September, 2024
IN THE COURT OF SH. DEEPAK DABAS
DISTRICT JUDGE-01 (NORTH): ROHINI COURTS: DELHI.
GP-5/2024
CNR NO. : DLNT010040462024
1. Smt. Deepa Bhatt,
W/o Late Sh. Neeraj Kumar Bhatt.
2. Sh. Harshit Bhatt,
S/o Late Sh. Neeraj Kumar Bhatt.
3. Master Hardik Bhatt (minor)
S/o Late Sh. Neeraj Kumar Bhatt.
Through natural guardian & mother
Smt. Deepa Bhatt.
All Residents of :-
K-001, Today Homes, Omega-1,
Prakash Hospital, Omega-1, Greater Noida,
P.O. Alpha, Greater Noida,
District Gautam Budha Nagar,
UP-201310.
..... Petitioner(s)
Versus
1. The State
(Govt. of NCT of Delhi).
2. Smt. Anita Dobhal,
W/o Sh. Vijay Dobhal,
R/o B-5/35, Upper Ground Floor,
Sector-17, Rohini, Delhi-110089.
3. Smt. Kavita Bhardwaj,
W/o Sh. Sanjay Bhardwaj,
R/o Plot No. 051, Pocket-08,
Block-A, Sector-16, Rohini,
Delhi-110085.
..... Respondent(s)
_________________________________________________________________________
GP NO. 5/24 Deepa Bhatt & Ors. Vs. State & Ors. Page 1 of 9
Date of institution : 21.03.2024
Date of Arguments : 09.09.2024
Date of Decision : 09.09.2024
PETITION U/S 29 OF THE GUARDIANS & WARDS ACT,
1890 READ WITH SECTION 8 OF THE HINDU MINORITY
& GUARDIANSHIP ACT, 1956, SEEKING PERMISSION TO
SELL THE SHARE OF MINOR I.E. MASTER HARDIK
BHATT IN IMMOVABLE PROPERTY
JUDGMENT
1. Petitioners have filed the present petition, seeking permission to sell the share of minor i.e. Hardik Bhatt in the immovable property i.e. Plot No. 051, Pocket-08, Block-A, Sector-16, Rohini, Delhi-110085 (hereinafter referred to as said property).
2. The material facts of the present case as stated in petition in brief are that the petitioner no-1 is mother and natural guardian of minor/P-3 i.e. Hardik Bhatt - Hindu male, born on 10.11.2008 (aged about 16 years). Sh. Neeraj Kumar Bhatt S/o Late Sh. Ghana Nand Bhatt i.e. husband of P-1 and father of P-2 and P-3 had expired on 06.12.2016. Sh. Ghana Nand Bhatt i.e. husband of Late Smt. Kalawati Bhatt had already expired on 16.06.2022. Late Smt. Kalawati Bhatt was mother-in-law of P-1/Deepa Bhatt and grand mother of P-2/Harshit Bhatt and minor i.e. P-3/Hardik Bhatt. It is further averred in the petition that Late Smt. Kalawati Bhatt was owner of said property and had expired intestate on 30.12.2006, leaving behind following legal heirs :-
_________________________________________________________________________ GP NO. 5/24 Deepa Bhatt & Ors. Vs. State & Ors. Page 2 of 9 Sl. No. Name Relation 1 P-1/Deepa Bhatt Daughter in law 2 P-2/Harshit Bhatt Grand son 3 P-3/Hardik Bhatt Grand son 4 R-2/Anita Dobhal Daughter 5 R-3/Kavita Bhardwaj Daughter
3. It is further averred that petitioner no-1 is the natural/biological mother and next friend of minor and he has been living under her care and custody and petitioner no-1 has no adverse interest qua P-3/Hardik Bhatt. Petitioner no-1 is gainfully employed and have enough financial means to take care of all the personal needs of minor. However, present lifestyle and routine of petitioners as well as respondents no. 2 and 3 does not allow to look after or take care of the said property. The disposal of said property becomes a necessity and for an evident advantage to the petitioners as well as R-2 and R-3 because the sale proceeds can be better utilized for their welfare in order to live with dignity and self respect and for their overall development. Hence, petitioners and respondents no. 2 and 3 have mutually agreed to sell out the said property for the welfare of their respective family members.
4. The notice of this petition was served upon the State/respondent as well as general public and publication was made in the English newspaper, namely, 'The Statesman' dated 09.04.2024 as well as in Hindi newspaper, namely, "Virat Vaibhav" dated 09.04.2024. Despite publication in the _________________________________________________________________________ GP NO. 5/24 Deepa Bhatt & Ors. Vs. State & Ors. Page 3 of 9 newspaper and notice to the general public at large, no one has come forward to make any objection in respect of the prayer made by the petitioner in the present petition.
5. Notice was also issued to the SDM concerned to file valuation report of the said property. Valuation report of the said property has been filed by the Tehsildar, Alipur, Delhi and as per the valuation report, the total value of said property is Rs.
56,08,800/-.
6. It is pertinent to mention that on 28.05.2024, R-2/Anita Dobhal and R-3/Kavita Bhardwaj had appeared before the court and had given their NOC qua present petition.
7. In order to prove their case, the petitioner no-1 herself entered in witness box as PW-1 and tendered her evidence by way of affidavit i.e. Ex.PW1/A, bearing her signatures at points A and B and she has also relied upon the following documents :-
i. Copy of Aadhar Card of petitioner no-1/Deepa Bhatt i.e. Ex PW-1/1;
ii. Copy of Aadhar Card of petitioner no-3/Hardik Bhatt i.e. Ex PW-1/2;
iii.Copy of property documents i.e. Ex PW-1/3 (Colly); iv.Copy of death certificates of Late Sh. Ghana Nand Bhatt and Late Smt. Kalawati Bhatt i.e. Ex PW-1/4 (Colly); and v. Copy of Surviving Member Certificate i.e. Ex PW-1/5.
8. In order to prove their case, the petitioner no-2 himself entered in witness box as PW-2 and tendered his evidence by way of affidavit i.e. Ex.PW2/A, bearing his signatures at points A and B and he has also relied upon copy of his Aadhar Card i.e. Ex PW-2/1.
9. I have gone through the records and have heard the arguments advanced by Ld. Counsel for petitioner.
10. Section 8 of The Hindu Minority & Guardianship Act reads as under :-
_________________________________________________________________________ GP NO. 5/24 Deepa Bhatt & Ors. Vs. State & Ors. Page 4 of 9 "(1) The natural guardian of a Hindi minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the real-
ization, protection or benefit of the minor's estate; but the guardian can in no case bind the minor by a personal covenant.
(2) The natural guardian shall not, without the previous permission of the court :-
(a) Mortgage or charge, or transfer by sale, gift exchange or otherwise, any part of the immovable property of the minor, or
(b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.
(3) Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or any person claiming under him. (4) No court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2) except in case of necessity or for an evident advantage to the minor.
(5) The Guardians and Wards Act, 1890 shall apply to and in respect of an application for obtaining the permission of the court under sub-section (2) in all respects as if it were an application for obtaining the permission of the court under section 29 of the Act."
11. Section 29 of The Guardians & Wards Act, 1890 defines the limitation on the powers of guardian of property appointed or declared by the court to the extent that such guardian shall not, without permission of the Court -
_________________________________________________________________________ GP NO. 5/24 Deepa Bhatt & Ors. Vs. State & Ors. Page 5 of 9
(a) Mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of his ward, or
(b) lease any part of such property for a term exceeding give years or for any term extended more than one year beyond the day on which the ward will cease to be a minor.
12. Section 31(1) of The Guardians & Wards Act, 1890 provides that permission to the guardian to do any of the acts mentioned in Section 29 shall not be granted by the court except in case of necessity or for an evident advantage to the ward. Section 31(2) provides the manner in which permission is to be granted. Section 31(3) provides the conditions that may be imposed while granting permission. Section 31(4) provides that before granting permission, the court may cause notice of the application to be given to any friend or relative of the ward.
13. The petition discloses that P-3/Hardik Bhatt (minor) has been living under care and custody of petitioner no-1 and petitioner no-1 has no adverse interest to that of minor. Petitioner no-1 is the natural/biological mother and next friend of minor and he has been been living under her care and custody. Petitioner no-1 is gainfully employed and have enough financial means to take care of all the personal needs of minor. However, present lifestyle and routine of petitioners as well as respondents no. 2 and 3 does not allow to look after or take care of the said property. The disposal of said property becomes a necessity and for an evident advantage to the _________________________________________________________________________ GP NO. 5/24 Deepa Bhatt & Ors. Vs. State & Ors. Page 6 of 9 petitioners as well as R-2 and R-3 because the sale proceeds can be better utilized for their welfare in order to live with dignity and self respect and for their overall development. Hence, petitioners and respondents no. 2 and 3 have mutually agreed to sale out the said property for the welfare of their respective family members.
14. Petitioners seeks permission to sell the share of minor for welfare, education, maintenance and other expenses of the minor. The interest of the petitioner no-1 is not adverse to that of the minor. The disposal of the property seems a necessity and for an evident advantage to the minor. The petitioner no-1 is the natural guardian/mother of the minor and there is no material to gather an inference that her interest is in conflict with or adverse to that of the minor.
15. It is pertinent to mention that on 28.05.2024, R-2/ Anita Dobhal and R-3/Kavita Bhardwaj had appeared before the court and had given their NOC qua present petition.
16. No other LRs or any person from general public, in response to the public notices, have come forward for raising any objection to the petition. There is no impediment in granting the permission as sought by the petitioner. Accordingly, the petition is allowed.
17. Relief :- In view of the above finding, the petition is allowed. The petitioner no-1 is granted permission to sell the share of minor i.e. P-3/Hardik Bhatt in said property i.e. Plot No. 051, Pocket-08, Block-A, Sector-16, Rohini, Delhi- 110085 The order is subject to the following conditions :-
_________________________________________________________________________ GP NO. 5/24 Deepa Bhatt & Ors. Vs. State & Ors. Page 7 of 9 i. The sale of minor's share in said property shall not be made below the value of Rs. 6 Lakhs;
ii. FDR with a Nationalized Bank or Post Office shall be purchased to the extent of the share of the minor or above for a period till he attains the age of majority with automatic renewal in the name of the minor;
iii. The interest accrued on the FDR is permitted to be utilized for meeting out the necessary expenditure of the minor;
iv. On attaining majority, minor shall be free and competent to utilize the amount of FDR;
v. As soon as the sale has been made, a compliance report shall be filed within one month of the sale;
vi. This permission shall not tantamount to vesting or conferring any right, title or interest in the land proposed to be sold;
vii. The petitioner shall not be entitled/allowed to any allowance;
viii. The petitioner shall furnish a surety bond for a sum of Rs. 5 Lakh as per Form-D, given in chapter 2 part-D, Volume-2 of the Delhi High Court Rules;
ix. Special attention of the petitioner has been drawn to the provisions of Section 26, 27, 28, 29, 32, 33. 35, 36, 39, 44 & 45 of The Guardians & Wards Act, 1980.
_________________________________________________________________________ GP NO. 5/24 Deepa Bhatt & Ors. Vs. State & Ors. Page 8 of 9
18. On fulfillment of necessary conditions, the guardianship certificate as per Form-F given in chapter-2, part-D, Volume-2 of the Delhi High Court Rules be issued.
19. File be consigned to record room.
Digitally signedAnnounced in the open court DEEPAK by DEEPAK DABAS DABAS Date: 2024.09.09 on 9th day of September 2024 21:14:05 +0530 (Deepak Dabas) District Judge-01/North Rohini Courts/Delhi _________________________________________________________________________ GP NO. 5/24 Deepa Bhatt & Ors. Vs. State & Ors. Page 9 of 9