KALIAMMAL Vs. STATE

JUDGEMENT

(1.) THE petitioner is the mother of minor kondappan. Her husband Pazhanisamy is no more. THE minor son is aged 16 years. On 24.12.1993, the parents of the petitioner bequeathed the schedule mentioned property in favour of minor Kondappan and vested life interest on their daughter, the petitioner herein. THE learned District Judge has examined one of the attestors by name, Sitaraman and hence, execution of the will was proved. It is provided in the will that the petitioner herein has to enjoy the property till her life-time with power of alienation and after her life-time, the minor Kondappan shall take the property absolutely with all powers of alienation. With this stipulation in the will, the learned District Judge has refused to grant permission to the petitioner to sell the property.

(2.) IT is the contention of the petitioner that her husband is no more. Further, she has no avocation or profession in order to get continuous income to maintain herself and her son and that the property would fetch an attractive price in the open market and that if the permission was granted, the petitioner would sell the property and deposit the proceeds in the Bank as per the direction of this Court and would take the interest for their maintenance.

(3.) FOLLOWING the above said decisions of this court, as well as considering the circumstances prevailing in this matter, this court finds it just and necessary to grant permission to the petitioner to sell the property in the interest of her minor son. It is no doubt true that after attaining majority, the minor kondappan would take the property absolutely with all powers of alienation, but, presently the petitioner appears to be not in a position to manage the family and to maintain and educate her son in a decent manner. It may be observed here that the request of the petitioner for permission to alienate the property is for legal necessity and since she is the mother and natural guardian of the minor, no one can doubt the attitude of the petitioner in placing the said request before the court.