Kamal Malhotra and Ors. v. Government of NCT of Delhi and Ors.

1. This is an appeal filed against the impugned judgment of the Guardianship Court dated 31.5.2013 dismissing the petition which sought permission to sell the undivided share of the minor children, petitioner nos.[1] and 2, through their natural mother, petitioner no.3/Ms. Kamal Malhotra.

2. The Guardianship Court has dismissed the petition only because of the conclusion in para 16 that the petitioners have failed to file photocopies of the documents pertaining to the suit property and also that the valuation report of the suit property has not been filed. Since the 2014:DHC:886 petitioner no.3 is the natural mother of the petitioner nos.[1] and 2, and the respondent nos.[2] and 3 before the Guardianship Court (and who are respondent nos.[2] and 3 herein) have given no objection for selling of the property of the petitioner nos.[1] and 2, this appeal is allowed by remanding the matter back to the Guardianship Court and giving an opportunity to the appellants to file valuation report so that directions can be issued for the minimum price at which the property can be sold and further directions be issued with respect to how the sale proceeds are to be utilized.

3. I may state that there is no need of filing of title documents inasmuch as the suit property was owned by one Smt. Pushpa Devi Malhotra and in whose name an allotment letter has been filed before this Court at running page 29, and which is accepted. Smt. Pushpa Devi Malhotra died leaving behind two sons, namely Sh. Sandeep Kumar Malhotra and Sh. Sanjiv Kumar Malhotra and one daughter Ms. Meeta Vig. Petitioner nos.[1] and 2 are the children of Sh. Sandeep Kumar Malhotra and the other two children of Smt. Pushpa Devi Malhotra, namely Sh. Sanjeev Kumar Malhotra and Ms. Meeta Vig who are respondent nos.[2] and 3 herein have given their no objection for sale of the suit property.

4. Accordingly, this appeal is allowed and disposed of by remanding the petition back for disposal to the Guardianship Court and before the Guardianship Court the appellants will file the necessary valuation report for the Court to determine what is the minimum price at which the suit property should be sold. The Guardianship Court can thereafter pass appropriate directions with respect to utilization of the sale proceeds of the property.

5. Parties to appear before the District & Sessions Judge, Saket courts, New Delhi on 19th March, 2014 and the District & Sessions Judge will thereafter mark the guardianship petition for disposal to a competent court in accordance with law. Trial court record be sent back so that the same is available to the District & Sessions Judge on the date fixed.

FEBRUARY 17, 2014 VALMIKI J. MEHTA, J. Ne