RAJENDER KUMAR JAIN Vs. STATE

JUDGEMENT

(1.) Rajender Kumar Jain, appellant and his wife Smt. Madhu Jain, jointly purchased property bearing No. AM-161, Shalimar Bagh, Delhi vide registered sale deed dated 14.03.2003. Smt. Madhu Jain expired on 17.06.2004 leaving behind her husband appellant No. 1, her two sons, appellants No. 2 and 3 and one minor daughter Vidhi Jain as her legal heirs. Consequently, 1/8th share of the said property fell into share of her minor daughter Vidhi Jain. Appellants No. 2 and 3 have already relinquished their rights, titles and interest in the said property in favour of their father, appellant No. 1. Consequently, appellant became the owner of 7/8th share of the said property and Vidhi Jain became 1/8th share of the said property.

(2.) The appellants filed an application under Sections 8(1), 8(2) and 12 of The Hindu Minority and Guardianship Act, 1956 read with Section 29 and 31 of Guardians and Wards Act, 1890 praying that appellant No. 1 be appointed as guardian of Ms. Vidhi Jain and appellant No. 1 be permitted to sell the abovesaid 1/8th undivided share of Ms. Vidhi Jain. It is averred that the father of the minor is in dire need of money. He is getting lucrative offers of about Rs. 12,00,000/- from the prospective buyers. Appellant No. 1 is keeping the interest of the minor in mind because after the sale of the property, the share of the minor would be invested for the benefit of minor and would not be appropriated by anyone else. The learned District Judge dismissed his application on 20.10.2006. Aggrieved by this order, the present appeal has been filed.

(3.) The appellant No. 1 has also submitted an affidavit in support of his case, wherein he stated that :