Master Anil vs State
2014 Latest Caselaw 856 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         FAO No.21/2013

%                                                    14th February, 2014

MASTER ANIL                                                ..... Appellant
                          Through:       Mr. Rajiv Aneja, Advocate.


                          Versus
STATE                                                       ..... Respondent
                          Through:

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.           This first appeal is filed under Section 47 of the Guardians and

Wards Act, 1890 impugning the judgment of the Guardianship Court dated

12.9.2012 which has dismissed the petition of the minor petitioner filed

through his natural mother for sale of the share of the minor in the lands

which are situated in village Mamoorpur, Narela, Delhi-110040. As per the

valuation report, the share of the petitioner in the subject land would come to

Rs.2,41,535/- plus Rs.1,04,895/-.


2.           Learned counsel for the appellant argues that the court below

has committed an obvious illegality because there cannot be a better person
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 for the minor than his own natural mother for taking care of the minor from

the sale proceeds of the immovable property/agricultural land and which was

required to be sold to take care of the educational and other needs of the

minor. It is argued that what is the use of an immovable property for the

minor if the minor cannot take benefit of the same on account of necessity

with respect to education and other requirements of life.


3.           I completely agree with the arguments urged on behalf of the

appellant and I therefore grant the necessary permission to the petitioner

through his natural mother and guardian Smt. Kamla Devi to sell the share

of the petitioner-Master Anil in the properties i.e (1) 1/3rd share of the minor

out of 1/32 share of land in property bearing Khata No.72/65 Min. bearing

Khasra No.18/20 (4-16), 19/14/1 (3-16), 15(4-16), 16(4-16), 25/1(3-16),

180/3 (0-6), total measuring 21 Bighas 6 Biswa and (2) another property

with 1/3rd share out of 1/80th share of the land bearing Khata No.234/1333

Min. bearing Khasra no.12/23/1(3-12), 24(4-16), 25 Min (4-03), 13/21 (3-

09) 22(4-16), 180/13(0-5) total land measuring 23 bigha 1 biswas, in village

Mamoorpur, Narela, Delhi-110040. It is also ordered that the amount for

which property will be sold will be first deposited in a fixed deposit in a

bank and interest of the same will be used for incurring the expenses for the

FAO No.21/2013                                                   Page 2 of 3
 upkeep of the minor. In case, there is a need to withdraw lumpsum amount

from the fixed deposit then on showing a valid necessity an application can

be filed before the concerned Guardianship Court for withdrawing of the

amount in lumpsum. The amount which will be available on sale of the

share of the minor in the subject agricultural lands will be put in a fixed

deposit in a nationalized bank of the choice of the natural guardian of the

petitioner Smt. Kamla Devi.


4.           I may note that there was no objection filed by any person

before the Guardianship Court objecting to the sale of the agricultural lands

for the benefit and necessity of the minor.


5.           The appeal is allowed in terms of the aforesaid observations,

leaving the parties to bear their own costs.




FEBRUARY 14, 2014                              VALMIKI J. MEHTA, J.

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