FATIMA HARON SHARMA Vs. STATE & ORS

JUDGEMENT

(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.

(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.