Fatima Haron Sharma v. The State & Ors.

1. This is an appeal filed under Section 8 of the Hindu Minority and Guardianship Act, 1956 challenging the impugned judgment of the Guardianship Court dated 27.7.2013 by which the Guardianship Court has dismissed the petition of the appellant, petitioner before the Guardianship Court, and who is the natural mother of the minor Ms. Tisha Razel Sharma. The appellant has been denied permission to sell 25% undivided share of the minor Ms. Tisha Razel Sharma in the property bearing no. D-58, Panchseheel Enclave, New Delhi-110017. 2014:DHC:909

2. The Guardianship Court notes that the appellant is not living in the property bearing no.D-58, but at a flat in Gurgaon address of which is given in the memo of parties, and that the appellant already has with her a sum of Rs.[1] crore lying in a fixed deposit. Because of these facts, the Guardianship Court has observed that there is sufficient amount available to the appellant to take care of the minor Ms. Tisha Razel Sharma.

3. I note that the appellant had filed valuation report with respect to the suit property as per which the 1/4th undivided share of the minor is valued at Rs.82,85,525/-. Learned senior counsel for the appellant, on instructions states that in fact on account of passage of time the minor’s share as of today would be higher than the amount stated in the valuation report and the appellant on sale of the minor’s share in the property bearing no.D-58, will deposit a sum of Rs.1.[5] crores in a fixed deposit in a Nationalized Bank as a share of the minor.

4. Learned senior counsel for the appellant, on instructions states that on the appellant being given permission to sell 1/4th share in the property of D- 58, the appellant will not sell her share and that of the minor Tisha in the property bearing no.A-10/2, DLF Phase-I, Gurgaon, Haryana till the minor becomes at least 25 years in age, and if the Gurgaon property has to be sold, the proceeds thereof will be utilized for purchase of another suitable residential property so that minor always has a roof over her head. For selling of this Gurgaon property, the appellant will approach the relevant Guardianship Court at the time when there is a need so felt to sell the Gurgaon property.

5. In view of the above, the appeal is allowed and the appellant is allowed to sell 1/4th share of the minor in the property D-58, Panchseheel Enclave, New Delhi-110017. The appellant will deposit an amount of Rs.1.[5] crores on the sale of the minor’s share in the property D-58 directly in the bank account of the minor Ms. Tisha Razel Sharma in a Nationalized Bank. The appellant will also give an undertaking and a surety bond to the Guardianship Court not to sell, transfer, alienate or part with the share of the appellant as also the share of the minor in the Gurgaon property till Ms. Tisha Razel Sharma is at least 25 years of age. In case, there is urgency or pressing necessity to sell the shares of the appellant and minor in the Gurgaon property then the appellant will approach the Guardianship Court at such time, and on showing of the necessity and/or urgency, the Guardianship Court will consider the application for selling of the Gurgaon property in accordance with law.

6. The amount which is deposited in a fixed deposit, on the sale of the D-58 property in the name of the minor in a Nationalized Bank, will continue to remain in the Nationalized Bank till the minor Ms. Tisha Razel Sharma attains majority, and till which stage only the interest from the fixed deposit will be utilized for upkeep and expenses of the minor Ms. Tisha Razel Sharma. In case, there is a need to withdraw a lumpsum amount from the fixed deposit, on arising a pressing necessity or urgency, the appellant can move the Guardianship Court at that stage for withdrawal of the whole or part of the amount in lumpsum and which application when moved, will be examined by the Guardianship Court in accordance with law for lumpsum withdrawal of the amount in the fixed deposit.

7. The appeal is therefore allowed and the appellant in terms of the present judgment will now move before the Guardianship Court for filing of the undertaking and surety bond in terms of the present judgment, and on the Guardianship Court verifying the undertaking and surety bond to be in terms of the present judgment, the appellant will be entitled to sell the 1/4th share of the minor in the property D-58 Panchseheel Enclave, New Delhi-110017. Parties are left to bear their own costs.

FEBRUARY 18, 2014 VALMIKI J. MEHTA, J. ib