Delhi District Court
Neeraj Kalra vs State on 27 September, 2025
IN THE COURT OF SH. SIDHARH MATHUR,
DISTRICT JUDGE-1 (NORTH), ROHINI COURTS, DELHI.
GP-3/25
CNR No. : DLNT01-001242-2025
1. Mr. Neeraj Kalra
S/o Sh. Ashok Kalra
R/o A-208/1, Top Floor,
Derawal Nagar,
Dr. Mukherjee Nagar,
Delhi-110009.
2. Miss Tanisha Kalra (Minor)
D/o Mr. Neeraj Kalra
(Through her natural guardian i.e. Father)
R/o A-208/1, Top Floor,
Derawal Nagar,
Dr. Mukherjee Nagar,
Delhi-110009.
3. Master Viraaj Kalra (Minor)
S/o Mr. Neeraj Kalra
(Through his Natural Guardian i.e. Father)
R/o A-208/1, Top Floor,
Derawal Nagar,
Dr. Mukherjee Nagar,
Delhi-110009. ..... Petitioners
Versus
1. The State
(Govt. of NCT of Delhi)
Through its Chief Secretary,
Delhi Secretariat, I.P. Estate,
New Delhi-110002.
Digitally signed
by SIDHARTH
SIDHARTH MATHUR
MATHUR Date:
2025.09.27
________________________________________________________________________
16:02:20
+0530
GP NO. 3/2025 Neeraj Kalra Vs. State Page 1 of 11
2. Sh. Ashok Kalra (Performa party)
S/o Late Sh. Charan Dass Kalra
R/o B-14, Mahendru Enclave,
Near Gujranwala Town,
Dr. Mukherjee Nagar,
Delhi-110009.
3. Smt. Krishna Kalra (Performa Party)
W/o Sh. Ashok Kalra
R/o B-14, Mahendru Enclave,
Near Gujranwala Town,
Dr. Mukherjee Nagar,
Delhi-110009. ..... Respondents
Date of institution : 30.01.2025
Date of Arguments : 27.09.2025
Date of Decision : 27.09.2025
PETITION U/s 8 OF THE HINDU MINORITY &
GUARDIANSHIP ACT, 1956 READ WITH SECTION 7, 9 &
29 OF THE GUARDIANS AND WARDS ACT, 1890.
JUDGMENT
1. The petition has been filed for the appointment of petitioner No. 1 as the guardian of person and property of his minor children i.e. petitioner No. 2 and 3 and also permission to sell the share of his minor children out of the estate left behind by his deceased wife Renu Kalra.
The petitioner and his wife Renu Kalra were the joint owners in equal proportions of the below said properties:-
I. Digitally A-183, Derawal Nagar, New Delhi-110009.
signed by
SIDHARTH
SIDHARTH MATHUR
MATHUR Date:
2025.09.27
16:02:33
________________________________________________________________________ +0530 GP NO. 3/2025 Neeraj Kalra Vs. State Page 2 of 11 II. Upper ground floor and second floor of C-49, Gali No. 6, Majlis Park, Delhi.
III. A-97, situated in Indra Nagar, Near Adarsh Nagar, Delhi-110033.
IV. A-15, on Rama Road out of khasra No. 35, 36, 38 262/217/4 and 263/258/217/4, Adarsh Nagar, Delhi-110033.
V. Property bearing No. 39 out of khasra No. 341/64/1 situated in Kewal Park Extension, Azadpur, Delhi-110033.
VI. Shop bearing Pvt. No. 04, ground floor, a part of free hold property No. 377, Block B, Gali No. 4, Majlis Park, Delhi-110033.
Needless to say, the petitioners have become entitled to 1/3rd share each in the 50% share of the deceased Renu Kalra in the aforesaid properties, whereby the minor children i.e. petitioner No. 2 and 3 have become entitled to 1/6th share each in the aforesaid properties.
2. The wife of the petitioner was also the sole owner of the another property No. C-125, Gali No. 7, Majlis Park, Delhi-110033. Needless to say that the petitioners have become entitled to 1/3rd share each therein.
3. The wife of the petitioner passed away intestate on 26.05.2023 as per death certificate PW1/6. The petitioners are thus her sole legal heirs. The parents of the petitioner as an Digitally signed by SIDHARTH SIDHARTH MATHUR MATHUR Date:
2025.09.27 ________________________________________________________________________ 16:02:42 +0530 GP NO. 3/2025 Neeraj Kalra Vs. State Page 3 of 11 abundant caution have been arrayed as R-2 and R-3.
4. Due to the sudden demise of his wife, the petitioner No. 1 now needs resources to look after the upbringing of his minor children i.e. petitioner No. 2 and 3 and also to look after his livelihood and business. The old aged parents of the petitioner No. 1 were earlier living elsewhere, but after the death of his wife, they also intend to live with him so as to take his care and also that of the minor children. The current accommodation of the petitioners is proving to be insufficient for a total of five persons, whereby they also need a new accommodation for themselves, which in turn needs further finance. Hence, this petition.
5. Notice of this petition was served upon the State/Respondent as well as general public and publication was made in the daily English newspaper, namely, 'The Statesman' dated 02.04.2025 as well as daily Hindi newspaper, namely, 'Virat Vaibhav' dated 05.04.2025. Despite publication in the newspapers and notice to the general public at large, no one has come forward to make any objection in respect of the prayers made by the petitioners in the present petition.
6. Notice was also issued to the concerned SDM to file valuation reports qua all the suit properties. He filed the valuation reports mentioning the total worth of the aforesaid respective properties without giving a separate valuation about Digitally signed by SIDHARTH SIDHARTH MATHUR MATHUR Date:
2025.09.27 16:02:54 ________________________________________________________________________ +0530 GP NO. 3/2025 Neeraj Kalra Vs. State Page 4 of 11 the shares of the minor children i.e. petitioner No. 2 and 3. Hence, the below said table has been prepared on the basis of the cumulative valuation reports mentioning the separate valuation/worth of the share of each child : -
S. Property No. Share of each child No. A. A-183, Derawal Nagar, New Rs.8,34,700/-
Delhi-110009.
B. Upper ground floor and second floor Rs.6,84,180/-
of C-49, Gali No. 6, Majlis Park, Delhi.
C. A-97, situated in Indra Nagar, Near Rs.4,70,250/-
Adarsh Nagar, Delhi-110033. D. A-15, on Rama Road out of khasra Rs.10,31,550/-
No. 35, 36, 38 262/217/4 and
263/258/217/4, Adarsh Nagar,
Delhi-110033.
E. Property bearing No. 39 out of Rs.7,60,620/-
khasra No. 341/64/1 situated in
Kewal Park Extension, Azadpur,
Delhi-110033.
F. Shop bearing Pvt. No. 04, ground Rs.4,33,550/-
floor, a part of free hold property No. 377, Block B, Gali No. 4, Majlis Park, Delhi-110033.
G. C-125, Gali No. 7, Majlis Park, Rs.8,67,100/-
Delhi-110033.
7. In view of the aforesaid table, the share of each Digitally signed by SIDHARTH MATHUR SIDHARTH Date: MATHUR 2025.09.27 ________________________________________________________________________ 16:03:09 +0530 GP NO. 3/2025 Neeraj Kalra Vs. State Page 5 of 11 single minor child comes at Rs.50,81,950/- out of the total immovable estate left behind by their mother.
8. In order to prove his case, petitioner No. 1 Sh.
Neeraj Kalra himself entered in to witness box as PW-1 and tendered his evidence by way of affidavit i.e. Ex.PW1/A, bearing his signatures at points A and B and he has also relied upon the following documents :-
i. Copy of Aadhar card of petitioner No. 1 as Ex.
PW1/1(OSR) ;
ii. Copy of aadhar card of petitioner No. 2 Ms. Tanisha Kalra as Ex. PW1/2 (OSR) ;
iii. Copy of aadhar card of petitioner No. 3 Master Viraj Kalra as Ex. PW1/3 (OSR) ;
iv. Copy of date of birth of petitioner No. 2 Ms. Tanisha Kalra as Ex. PW1/4 (OSR) ;
v. Copy of aadhar card of petitioner No. 3 Master Viraj Kalra as Ex. PW1/5 (OSR) ;
vi. Copy of death certificate of Mrs. Renu Kalra as Ex PW-1/6 (OSR) ;
vii. Copy of sale deed dated 24.05.2018 as Ex. PW1/7 (OSR) ;
viii. Copy of sale deed dated 23.10.2018 as Ex. PW1/8 (OSR) ;
ix. Copy of sale deed dated 07.08.2019 as Ex. PW1/9 (OSR) ;
x. Copy of sale deed dated 02.09.2021 as Ex.PW1/10 Digitally signed by SIDHARTH SIDHARTH MATHUR MATHUR Date:
2025.09.27 ________________________________________________________________________ 16:03:21 +0530 GP NO. 3/2025 Neeraj Kalra Vs. State Page 6 of 11 (OSR) ;
xi. Copy of agreement to sell dated 23.06.2021as Ex.
PW1/11 (OSR) ;
xii. Copy of sale deed dated 08.06.2022 as Ex. PW1/12 (OSR) ;
xiii. Copy of sale deed dated 14.09.2022 as Ex. PW1/13 ;
& xiv. Copy of sale deed dated 02.12.2022 as Ex. PW1/14 (OSR).
9. Respondent No. 2 and 3 in their joint statement have given no objection regarding the allowing of the petition in favour of petitioner No. 1.
10. I have gone through the records and have heard the arguments advanced by Ld. Counsel for petitioner.
11. Section 8 of The Hindu Minority & Guardianship, 1956 Act reads as under :-
"(1) The natural guardian of a Hindu 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 realization, protection or benefit of the minor's estate; but the guardian can in no case bind the mi- nor 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 Digitally signed exceeding five years or for a term extending more by SIDHARTH SIDHARTH MATHUR MATHUR Date:
2025.09.27 16:03:34 ________________________________________________________________________ +0530 GP NO. 3/2025 Neeraj Kalra Vs. State Page 7 of 11 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."
12. 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 -
(a) Mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immov- able 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.
13. 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 ex- cept 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 Digitally signed by SIDHARTH SIDHARTH MATHUR MATHUR Date:
2025.09.27 16:03:45 +0530 ________________________________________________________________________ GP NO. 3/2025 Neeraj Kalra Vs. State Page 8 of 11 notice of the application to be given to any friend or relative of the ward.
14. The material on record including the evidence led clearly suggests that the petitioners have become the co-own- ers to the extent of 1/3rd share each in the estate left behind by deceased Renu Kalra. The minor children i.e. petitioner No. 2 and 3 are in the sole and exclusive custody of petitioner No.1, being their father and natural guardian. Needless to say, the pe- titioner No. 1 being the single father has to take care of the en- tire burden of his family including that of his minor children i.e. petitioner No. 2 and 3 and also of his own old aged parents i.e. respondent No. 2 and 3. The situation has become ex- tremely hard for the petitioner No. 1 to take care of his afore- said family including minor children and old aged parents.
15. The disposal of the suit properties seems a necessity and for an evident advantage of the minor children i.e. peti- tioner No. 2 and 3. To protect the interest of the minor chil- dren, if the sale proceeds to the extent of their respective 1/3rd share in the estate of their deceased mother are kept in the form of FDR, then it can be of great advantage to them on at- taining majority especially for acquiring higher education. Fur- thermore, the recurring income that may be generated from the interest of the FDR can be better utilized for the welfare of the minor children. The petitioner No. 1 is the father/natural guardian of minor and there is no material to gather an infer-
Digitally signed by SIDHARTHSIDHARTH MATHUR MATHUR Date:
2025.09.27 16:03:54 +0530 ________________________________________________________________________ GP NO. 3/2025 Neeraj Kalra Vs. State Page 9 of 11 ence that his interest could be in conflict with or adverse to that of the minors.
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 grant- ing the permission as sought by the petitioner No. 1. Accord- ingly, the petition is allowed.
17. Relief :- In view of the above finding, the petition is allowed. The petitioner No. 1 is appointed as guardian of minors i.e. Ms. Tanisha Kalra and Master Viraaj Kalra children of deceased Mrs. Renu Kalra with permission to sell the re- spective shares of his minor children i.e. Ms. Tanisha Kalra and Master Viraaj Kalra i.e. petitioner No. 2 and 3 respectively in suit properties mentioned above. The order is subject to the following conditions :-
i. The sale of 1/3rd share each of the minor chil dren shall not be made below the total value of Rs.50 Lacs ;
ii. The FDRs of Rs. 50 Lacs/- each in the names of both the minor children with a Nationalized Bank or Post Office shall be purchased for the period till the minors attains the age of majority with automatic re newal in the name of the minor;
iii. The interest accrued on the respective FDR is per mitted to be utilized for meeting out the necessary expenditures of the minors;
iv. On attaining majority, minors shall be free and competent to utilize the amount of their respective FDRs;
Digitally signed by SIDHARTH SIDHARTH MATHUR MATHUR Date:
2025.09.27 16:04:03 ________________________________________________________________________ +0530 GP NO. 3/2025 Neeraj Kalra Vs. State Page 10 of 11 v. As soon as the sales are 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 property proposed to be sold;
vii. The petitioner no.1 shall not be entitled/allowed to any allowance;
viii. The petitioner no. 1 shall furnish a surety bond for a sum of Rs.One Crore, as per Form-D, given in chapter 2 part-D, Volume-2 of the Delhi High Court Rules;
ix. Special attention of the petitioner no. 1 has been drawn to the provisions of Section 26, 27, 28, 29, 32, 33. 35, 36, 39, 44 & 45 of the Guardianship and Wards Act, 1980.
18. On fulfillment of necessary conditions, the guardian- ship certificate alongwith permission to sell 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 signed by SIDHARTHSIDHARTH MATHUR Announced in the open court MATHUR Date:
2025.09.27 16:04:15 on 27th day of September 2025 +0530 (Sidharth Mathur) District Judge-01/North Rohini Courts/Delhi ________________________________________________________________________ GP NO. 3/2025 Neeraj Kalra Vs. State Page 11 of 11