SHEPHALI CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave Granted.

(2.) The appellant - Shephali Chakraborty, as the mother of Master Basab Chakraborty [Minor], sought permission from the concerned Court [District Judge, Darjeeling], in compliance with Sec. 8 of the Hindu Minority and Guardianship Act, 1959 [HMGA] to dispose of the latter's share which he had inherited at the death of her husband/his father Late Mr. Basudeb Chakraborty. Such application [Misc Judicial Act VIII Case No. 20 of 2022] was rejected [In terms of Order dtd. 1/7/2023], and affirmed by the High Court [In terms of Order dtd. 2/8/2024 in FMAT No 26/2023]. Thus aggrieved, she has presented this appeal.

(3.) By way of background the above stated position, it may be recorded that the land in question, a part of which is owned by the minor, was originally procured by his paternal great-grandfather, one Nagendra Nath Das in 1957. Initially, 1/7th of the said property devolved upon Bela Chakraborty, his daughter and the Minor's grandmother in the year 1965. Subsequent to her passing away, in 1978, her share was divided between her three children- two sons, namely, Biplab and Basudeb Chakraborty and daughter, Beauty Sarkar. The appellant is the wife of the second son, who died on 25/1/2018, when the minor was approximately nine years old, having been born on 4/3/2009. In the year 2022, the heirs in interest of this family, decided that the property be given to a developer, which would get them money and also flats within the development, in exchange. An agreement was entered into, with M/s Shivam Estates and Developers. The portion of the agreement [Developer], in so far as it relates to the present appellant and the minor are as below: