VISHNAPRIYA Vs. RAMESH KRISHNAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeals have been filed under section 47 of Guardians And Wards Act, 1890, against the dismissal order dated 08.08.2016 in G.O.P. No.47 of 2015 on the file of the Principal District Judge, Dindigul District, Dindigul.

(2.) The appellant herein is the petitioner in G.O.P. No.47 of 2015 and she is the wife of the respondent herein and before the Court below, she moved an order to permit her to sell the petition mentioned property to third parties for the welfare and benefit of the minors under Sections 8(2), 29(2) and 31 of the Guardian and Wards Act, 1890. The property in question situates at Kodaikanal and it belongs to one Jamuna Krishnan. It is averred in the affidavit that since the respondent addicted for alcohol and drugs and he was not capable for taking care of their children, the said Jamuna Krishnan, the grand-mother of the minors during her life time bequeathed her interest over the said property and other properties to her grand-children through a Will dated 25.09.2011. The said property was mentioned as "f" schedule property in the said Will and in her Will, it is clearly stated that his son, during intoxication he did not know what he did. She also stated that if she fails to execute a Will, her son would not allow his children to enjoy the properties. Subsequently, the said Jamuna Krishnan died on 01.01.2012 and after her demise, the said minor children inherited the said property through testamentary succession and they have been in possession and enjoyment of the said property as lawful owners and all the revenue records have been mutated in the joint names of the minors and separate patta has been issued in their joint names vide patta No.2212.

(3.) The matter was admitted on 22.11.2016 and private notice was also permitted and proof of service was also filed on 21.03.2017. However, there was no appearance on behalf of the respondent.