Delhi District Court
Shikha Kumar vs State on 3 February, 2021
IN THE COURT OF MS NEENA BANSAL KRISHNA
PRINCIPAL DISTRICT & SESSIONS JUDGE
SOUTH EAST : SAKET COURT, NEW DELHI.
GP NO. 20/2019
Shikha Kumar
W/o Late Ravinder Kumar
B4/185B, Ground Floor
Safdarjung Enclave
New Delhi110029.
... PETITIONER
VERSUS
State
...RESPONDENT
Date of filing : 26.07.2019
First date before this court : 27.07.2019
Date of Decision : 03.02.2021
JUDGMENT
1. This petition under Section 8 (1) and (2) and Section 12 of the Hindu Minority and Guardianship Act, 1956 read with Section 17 and 29 of the Guardian and Wards Act, 1890 has been filed by the petitioner / mother for seeking leave to sell the share of the property which is in the minor Master Garv Kumar.
2. The petitioner Shikha Kumar got married to Shri Ravinder Kumar and was blessed with a son Garv Kumar from their GP No. 20/2019 Page 1 of 8 pages Shikha Kumar Vs. State wedlock on 12.01.2005. Shri Piara Singh father of her husband Ravinder Kumar, was granted sublease hold rights in residential plot bearing No. 23, measuring 304 sq. yards in Sukhdev Vihar, New Delhi on which he constructed a residential house from basement till second floor. The property was got made free hold vide Conveyance Deed dated 29.11.1999. Piara Singh died intestate on 21.03.2000 and was survived by Smt. Raj Rani, his wife and three sons namely Narender Pal Singh, Kapil Kumar and Ravinder Kumar (husband of the petitioner). All the three sons relinquished their undivided right in the property in favour of their mother Smt. Raj Rani vide registered Relinquishment Deed dated 28.09.2000. Smt. Raj Rani sold the entire first floor vide registered Sale Deed and the remaining property continued in her name. Smt. Raj Rani died on 30.09.2017 and was survived by her three sons who became entitled to 1/3 undivided share in the property.
3. Shri Ravinder Kumar died intestate on 03.01.2019 and his 1/3 share devolved upon the petitioner Shikha Kumar, his wife and the minor son Master Garv Kumar. Smt. Shikha Kumar and master Garv Kumar have become entitled to 1/6 undivided share in the property in question.
4. The petitioner has submitted that the said property is old and in dilapidated condition and is required to be demolished GP No. 20/2019 Page 2 of 8 pages Shikha Kumar Vs. State and reconstructed. However, due to financial difficulty, lack of expertise and time, it has been decided amongst all the LRs to sell the undivided property. The other LRs namely Narender Pal Singh and Kapil Kumar have already sold their 1/3 undivided share in the property and the petitioner has also sold her 1/6 share in the entire property. Only 1/6 share of master Garv Kumar remains unsold. It is stated that since most part of the property has been sold there are chances that disputes may arise in future and in order to avoid unnecessary dispute and litigation it has become necessary to sell the share of Master Garv Kumar. Moreover, funds are required for the education and his day to day expenses and if the property is not allowed to be sold it would affect his interest aversely. It is further stated that the money so received from selling the 1/6 share of Master Garv Kumar shall be invested and used for the benefit of the minor as per the orders and directions of the court.
5. The petitioner is the mother and natural guardian of minor and there is no other guardian ever appointed by the court of any person or claim to be the guardian of the minor or the property of the minor. Petitioner has no interest adverse to the minor and the petition has been filed bona fide in the interest of and for the benefit of minor. A permission is therefore sought for selling the 1/6 undivided share of Master Garv Kumar in the property by the petitioner / natural guardian. The petition is supported by the GP No. 20/2019 Page 3 of 8 pages Shikha Kumar Vs. State declaration.
6. The notice of the petition was served upon the respondent through PF / RC as well as by publication in 'Statesman'. The petitioner Smt. Shikha Kumar tendered her evidence by way of affidavit Ex.PW1/A. The copy of the rent agreement dated 29.05.2019 where she is presently residing is Ex.PW1/1. The copy of Aadhar Card and passport of the minor child Garv Kumar is Ex.PW1/2 collectively. The death certificate of Ravinder Kumar is Ex.PW1/3. The Surviving Member Certificate dated 20.03.2019 is Ex.PW1/4. Death certificates of Piara Singh and Raj Rani, parents of deceased Ravinder Kumar are Ex.PW1/5 and Ex.PW1/6 respectively. The registered Conveyance Deed dated 29.11.1999 in favour of late Piara Singh is Ex.PW1/7. Copy of registered Relinquishment Deed dated 28.09.2000 executed in favour of late Raj Rani is Ex.PW1/8. Registered Sale Deed dated 24.04.2019 and 16.04.2019 are Ex.PW1/9 and Ex.PW1/10 respectively. Declaration is Ex.PW1/11. The Agreement to Sell in respect of the suit property is Ex.PW1/X.
7. The detailed testimony shall be considered subsequently.
8. I have heard the arguments and perused the record. My GP No. 20/2019 Page 4 of 8 pages Shikha Kumar Vs. State observations are as under:
9. The Hindu Minority and Guardianship Act, 1956 defines the law relating to minority and guardianship amongst Hindus.
10. Section 6 of the Act provides that in case of a boy or an unmarried girl, the father and after him, the mother shall be the natural guardian of a Hindu minor in respect of his person as well as his property. Section 8 defines the power of natural guardian and provides that a natural guardian has powers 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. Section 8 (2) further provides that the natural guardian shall not without the previous permission of the court mortgage, charge or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor.
11. The petitioner Smt. Shikha Kumar is the natural guardian of the minor Master Garv Kumar since Ravinder Kumar, the father of the minor has died on 03.01.2019 and his death certificate is Ex.PW1/3. The petitioner being the mother of the minor has become a natural guardian by virtue of Section 6 (1) of the Hindu Minority and Guardianship Act, 1956. The petitioner has GP No. 20/2019 Page 5 of 8 pages Shikha Kumar Vs. State sought permission under S.8(2) of the Act for sale of 1/6 undivided share of Master Garv Kumar in property bearing No. 23, Sukhdev Vihar, New Delhi.
12. The petitioner has proved the original Conveyance Deed dated 29.11.1999 Ex.PW1/7 in favour of Late Piara Singh, the paternal grandfather of the minor. He died on 21.03.2000 and his death certificate is Ex.PW1/5. He was survived by his wife Raj Rani and three sons. However, the three sons relinquished their shares in favour of their mother Raj Rani vide registered Relinquishment Deed dated 28.09.2000 Ex.PW1/8. Smt. Raj Rani expired on 30.09.2017 and her death certificate is Ex.PW1/6. After her demise, all the three sons namely Narender Pal Singh, Kapil Kumar and Ravinder Kumar became the owner in the suit property in equal share. Unfortunately, Ravinder Kumar died on 03.01.2019 and his death certificate is Ex.PW1/3. He is survived by the petitioner and the minor son who have become owner of 1/6 undivided share in the property in question. The duly proved chain of documents establish the 1/6 undivided share each of the petitioner and the minor son in the property in question.
13. The petitioner Smt. Shikha Kumar has further deposed that her brotherinlaw namely Narender Pal Singh has sold his undivided 1/3 share in the suit property vide registered sale deed GP No. 20/2019 Page 6 of 8 pages Shikha Kumar Vs. State dated 24.04.2019 Ex.PW1/9. Petitioner Smt. Shikha Kumar has sold her undivided 1/6 share vide registered Sale Deed dated 16.04.2019 Ex.PW1/10. The petitioner has further deposed that she has already entered into an Agreement to Sell dated 16.04.2019 Ex.PW1/X in respect of the share of the minor with Naseem Ahmed to whom she had also sold her share of the property for a sale consideration of Rs.91,75,000/ out of which she has received Rs.41,75,000/ while the balance of Rs.50,00,000/ shall be paid after the sale permission is granted by the court. She has also deposed that the sale consideration of Rs.41,75,000/ so realized in the name of minor has already been invested by her for purchase of property No. 2779, Block C1, Sushant Lok, Phase I, Gurgaon, Haryana by virtue of a Sale Deed Ex.PW1/X1 in the joint name of herself and the minor. She also undertakes to deposit Rs.50,00,000/ to be received in the name of the minor as per the directions of the court.
14. The petitioner has thus proved that the property No. 23, Sukhdev Vihar, New Delhi which was inherited jointly by her and her son with the uncles had to be disposed of because it was its old and dilapidated condition which necessitated reconstruction. She has further proved that the money that she had received from sale of her share in the property as well as a sum of Rs.41,75,000/ received in regard to the share of the minor has been invested in purchase of a property in Gurgaon and that the balance amount of Rs.50,00,000/ GP No. 20/2019 Page 7 of 8 pages Shikha Kumar Vs. State which is yet to be received shall be invested for the interest and benefit of the minor.
15. The petition is therefore allowed and the petitioner who is natural guardian of the minor being his mother is appointed as Legal Guardian of the 1/6 undivided share in property No. 23, Sukhdev Vihar, New Delhi of the minor Master Garv Kumar and is hereby permitted to sell the same vide Agreement to Sell Ex.PW1/X. The sale proceeds qua the share of Master Garv Kumar be kept in form of FDR in his name till he attains the age of majority. The interest amount may be released quarterly to meet the day to day expenses of the child. Neither any passbook shall be issued in respect of this account of the minor nor would the FDR be allowed to be encashed before the maturity of the minor without permission of the court. No loan shall also be granted against this FDR. The copy of FDR be placed on record within 45 days. The Certificate be accordingly issued.
16. File be consigned to the record room.
Announced in the open court on this 3rd day of February, 2021 (NEENA BANSAL KRISHNA) District & Sessions Judge South East, Saket Courts New Delhi GP No. 20/2019 Page 8 of 8 pages Shikha Kumar Vs. State