SANDHYA RAJAN ANTAPURKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is filed against the judgment and order passed on 4-1-1999 in Misc. Civil Application No. 130 of 1998 by the Joint Civil Judge, S. D. , Jalgaon.

(2.) MISC. Civil Application came to be filed by the appellants seeking permission for sale of property (house property) in which the appellants have 1/5th share.

(3.) THE property originally belonged to one Madhukar Pandurang Antapurkar who died on 3-3-1995 leaving behind him two sons Rajan and Anil and three daughters namely; Vijaya, Rajni and Sunita. Rajan died on 5-5-1995 leaving behind him widow Sandhya and daughters Shweta and Kavita-the appellants herein. Deceased Rajan had got 1/5th share in the property that has devolved upon present appellants. The property, which is intended to be sold, admittedly is a joint family property in which appellants have 1/5th share. The permission for sale is sought under section 8 of the Hindu Minority and Guardianship Act, 1956 and, section 29 of the Guardians and Wards Act, 1890.