SANGEETA SANJEEV SHETH Vs. MITANSH SANJEEV SHETH

JUDGEMENT

(1.) The present Petition is filed under Sections 8, 12 and 13 of the Hindu Minority and Guardianship Act, 1956. In this Petition, the Petitioner, who is the mother and natural guardian of Master Mitansh Sanjeev Sheth (hereinafter referred as the "Minor"), seeks the following reliefs:

(2.) It is the case of the Petitioner that she is a single mother and the natural guardian of the Minor who is currently 7 years old. He will attain the age of 18 years on 6th June 2032. The Minor and the property of the Minor are in the care of the Petitioner.

(3.) The facts giving rise to the present Petition are this. The Petitioner, under a registered Agreement for Sale dated 4th November 2016, purchased Flat No.1001 situated on the 10th floor of a building known as Techno Heights admeasuring 94.73 sq. meters (1019 sq.ft. carpet area) together with two parking spaces situated on land bearing Plot No.155A of Dadar Matunga (South) estate of the Municipal Corporation of Greater Mumbai, C.S. No. 159A/10 of Matunga Division lying at Sir Bhalchandra Road, Hindu Colony, Dadar East, Mumbai - 400 014 (for short "Flat No.1001"). Even though the said Flat was purchased by the Petitioner out of her own funds, she, being a single mother, for the sake of convenience, also included the name of the Minor in the Agreement for Sale as a joint purchaser. Since the Minor was only one year old at the time of purchase of Flat No.1001, no contribution whatsoever was made by the Minor for the purchase of the said Flat. Pursuant to the aforesaid purchase, the Petitioner along with the Minor also became registered members of the Techno Heights Co-operative Housing Society Limited (the society in which Flat No.1001 is situate). Currently, the Petitioner and the Minor are holding 05 (five) fully paid up shares of Rs. 50 each bearing distinctive Nos. 181 to 190 (both inclusive) encompassed in Share Certificate No. 19 issued by the said society.