P. VIMALA DESAI Vs. ALL CONCERNED IF ANY

JUDGEMENT

(1.) The petitioner filed O.P.S.R.No.12732 of 2016 before the learned Principal District and Sessions Judge, Ranga Reddy District at L.B.Nagar, under Sec. 8(2) of the Hindu Minority and Guardianship Act, 1956 (hereinafter, 'the Act of 1956') seeking the permission of the Court to sell the property of her son, a minor. However, the OP was not entertained on the ground that the legal heir certificate of the father-in-law of the petitioner was not filed and his heirs were also not made parties to the proceedings. This objection was raised because the property stood in the name of the father-in-law of the petitioner. Despite the petitioner filing copies of the death certificates of her father-in-law and also her husband and explaining as to why the legal heirs of the father-in-law were not necessary parties to the proceedings, the Court below upheld the objection taken with regard to adding of legal heirs of the petitioner's father-in-law and returned the file for compliance. Aggrieved thereby, the petitioner is before this Court by way of this Civil Revision Petition filed under Art. 227 of the Constitution.

(2.) Heard Sri Peddada Narasimha Rao, learned counsel for the petitioner.

(3.) Admittedly, the property now sought to be sold, a residential flat, was purchased in the name of the petitioner's father-in-law, Gundavarapu Lakshminarayana, under registered sale deed bearing Document No.6462 of 2006 dated 03.03.2005. However, there was a clear recital in the said sale deed that the petitioner's father-in-law intended to purchase the said flat for the benefit of his grand son, Gundavarapu Himamshu Dutt, a minor, represented by his parents, Gundavarapu Rama Subbaraya Balaji and G.Vimala Desai, the petitioner, as his guardians. The death certificates produced by the petitioner demonstrated that her father-in-law died on 16.10.2007 and her husband, Gundavarapu Rama Subbaraya Balaji, the father of the minor, died on 29.11.2013. In terms of the recitals in the registered sale deed, the petitioner herein, being the mother, is the sole guardian for her minor son, Gundavarapu Himamshu Dutt, in so far as this property is concerned. She therefore filed the subject petition under Sec. 8(2) of the Act of 1956 seeking permission of the Court to alienate the said residential flat for his benefit.