Bombay High Court
Kalpana Hiren Gohil vs Hiren Gohil (Minor) And M/S. S. Raheja ... on 25 August, 2025
Author: R.I. Chagla
Bench: R.I. Chagla
9-ial-19923-2025.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.19923 OF 2025
IN
GUARDIANSHIP PETITION NO.12 OF 2023
Digitally
signed by
Kalpana Hiren Gohil ...Petitioner
JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
2025.08.26
10:47:40
+0530
Versus
Hiren Gohil (Minor) ...Respondent
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Mr. Sean Wassoodew with Ms. Vijaya Ingule and Mr. Rupesh
Mandhare for the Applicant / Original Petitioner.
Ms. Ashna Shah for the Respondent.
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CORAM : R.I. CHAGLA J.
DATE : 25TH AUGUST, 2025.
ORDER :
1. By this Interim Application which has been taken out in the disposed of Guardianship Petition, the Applicant / Original Petitioner has sought for modification of the Order dated 20th July, 2023 which had allowed the Guardianship Petition and accordingly disposed of the same. The modification is to the extent of permitting the Developer to allot two separate flats viz. Flat Nos.701B admeasuring 1189 sq.ft and 902B admeasuring 557 Sq.ft. 1/5 ::: Uploaded on - 26/08/2025 ::: Downloaded on - 26/08/2025 21:24:05 :::
9-ial-19923-2025.doc respectively to the Applicant, the minor and the Applicant's daughter and in respect of which, the minor shall hold 715 Sq. ft. in Flat No.701B which has an area of 1189 sq.ft and for which PAAA is required to be executed between Developer and the Applicant / Original Petitioner representing the said minor.
2. The learned Advocate appearing for the Applicant / Original Petition has referred to the said Order dated 20th July, 2023 by which this Court had appointed the Petitioner as guardian of the property of the minor i.e. 1/21 share in the plot viz. Freehold Land bearing CTS No.483 (part), 485 and 486 admeasuring 994.95 Sq. mtrs. in aggregate together in the building named 'Ram Niwas' along with two closed garages and ancillary structures standing thereon, situated at 11th Road, Khar (West), Mumbai 400 052 in the registration District and Sub District of Mumbai City and Mumbai Suburban standing thereon without security or remuneration. This Court had further granted permission to the Petitioner to proceed with the duly registered Agreement of Grant of Development Rights with the Developer including 1/21 regular share of the minor in the aforementioned property. There was consequential relief also granted in the above Guardianship Petition.
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9-ial-19923-2025.doc
3. The learned Counsel for the Applicant / Original Petitioner states that modification of the said Order dated 20th July, 2023 is a corollary to the prayers which have been granted by this Court permitting the Petitioner to proceed with the duly registered Agreement of Grant of Development Rights in respect of the minor's 1/21 share in the aforementioned properties which is now equated to 715 Sq. ft. area in Flat No.701 B admeasuring 1189 Sq. ft. being his 1/3rd share of 2145 Sq. ft area to be allotted by the Developer to the minor for which PAAA is required to be executed.
4. Having considered the submissions of the learned Counsel for the Applicant as well as the averments in the Interim Application, a case has been made out for grant of relief sought for. The modification of the Order dated 20th July, 2023 which is sought is a corollary to the prayers granted in the Guardianship Petition by which the Applicant was permitted to enter into the Development Agreement for grant of development rights. The Developer was to provide new flat No.701B along with three car parking spaces after completion of the new building in favour of the Applicant, the minor and the Applicant's daughter. However, due to planning restrictions the Developer has, as per the sanctioned plan, proposed to allot two 3/5 ::: Uploaded on - 26/08/2025 ::: Downloaded on - 26/08/2025 21:24:05 ::: 9-ial-19923-2025.doc flats under the said Agreement for Grant of Development Rights viz. Flat No.701 B admeasuring 1189 Sq. ft. and Flat No.902B admeasuring 557 Sq.ft. The share of the minor is of 715 Sq. ft. area in Flat No.701 B. Accordingly, PAAA is to be executed to the effect that out of the total area of 701B sq.ft. admeasuring 1231 Sq. ft. RERA Carpet area, the minor's share is 715 Sq.ft area.
5. The Developer has agreed to execute the PAAA and which has been annexed at Exhibit D to the Interim Application wherein it is recorded that the minor will have right, title and interest in 715 Sq.ft. in flat No. 701B admeasuring 1189 Sq.ft towards his 1/3rd share of 2145 Sq. ft. to be allotted by the Developer.
6. In that view of the matter, the said Order dated 20th July, 2023 is required to be modified to the extent of the relief sought for in the present Interim Application and particularly in view of the PAAA requiring to be executed with the Applicant, her daughter and the minor in terms of the draft annexed at Exhibit 'D' to the Interim Application.
7. Hence, the Interim Application is allowed in terms of 4/5 ::: Uploaded on - 26/08/2025 ::: Downloaded on - 26/08/2025 21:24:05 ::: 9-ial-19923-2025.doc prayer Clauses (a), (b) and (c) which read thus:-
"(a) This Hon'ble Court may be pleased to dispense with and / or discharge the notice under Section 11 of the Guardians and Wards Act, 1890;
(b) This Hon'ble Court be pleased to amend / modify the Order dated 20th July, 2023, to the extent that the Developer be permitted to allot two separate flats viz. Flat Nos. 701B admeasuring 1189 Sq. ft. and 902 B admeasuring 557 Sq. ft.
respectively to the Applicant, the minor and the Applicant's daughter and in respect of which, the minor shall hold 715 Sq. ft. in Flat No.701B;
(c) That the Applicant be permitted to execute Permanent Alternate Accommodation Agreement ("PAAA") with the Applicant, her daughter and the minor i.e. her son in terms of the draft annexed hereto as Exhibit D whereunder the PAAA will provide that the minor will have right, title and interest in 715 Sq. ft. area in Flat No.701B admeasuring 1189 Sq.ft. towards his 1/3 share of 2145 Sq.ft. area to be allotted by the Developer."
8. The Interim Application is accordingly disposed of. There shall be no order as to costs.
[ R.I. CHAGLA J. ] 5/5 ::: Uploaded on - 26/08/2025 ::: Downloaded on - 26/08/2025 21:24:05 :::