Ms. Kamal Malhotra And Ors. vs Government Of Nct Of Delhi And Ors.
2014 Latest Caselaw 884 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         FAO No.314/2013

%                                                  17th February, 2014

MS. KAMAL MALHOTRA AND ORS.                               ..... Appellants
                Through: None.


                          Versus
GOVERNMENT OF NCT OF DELHI AND ORS.         ..... Respondents
                Through: Mr. Amit Kumar, Advocate for
                          respondent Nos.2 and 3.

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

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.           This is an appeal filed against the impugned judgment of the

Guardianship Court dated 31.5.2013 dismissing the petition which sought

permission to sell the undivided share of the minor children, petitioner nos.1

and 2, through their natural mother, petitioner no.3/Ms. Kamal Malhotra.


2.           The Guardianship Court has dismissed the petition only

because of the conclusion in para 16 that the petitioners have failed to file

photocopies of the documents pertaining to the suit property and also that

the valuation report of the suit property has not been filed.       Since the

FAO No.314/2013                                                 Page 1 of 3
 petitioner no.3 is the natural mother of the petitioner nos.1 and 2, and the

respondent nos.2 and 3 before the Guardianship Court (and who are

respondent nos.2 and 3 herein) have given no objection for selling of the

property of the petitioner nos.1 and 2, this appeal is allowed by remanding

the matter back to the Guardianship Court and giving an opportunity to the

appellants to file valuation report so that directions can be issued for the

minimum price at which the property can be sold and further directions be

issued with respect to how the sale proceeds are to be utilized.


3.           I may state that there is no need of filing of title documents

inasmuch as the suit property was owned by one Smt. Pushpa Devi Malhotra

and in whose name an allotment letter has been filed before this Court at

running page 29, and which is accepted. Smt. Pushpa Devi Malhotra died

leaving behind two sons, namely Sh. Sandeep Kumar Malhotra and Sh.

Sanjiv Kumar Malhotra and one daughter Ms. Meeta Vig. Petitioner nos.1

and 2 are the children of Sh. Sandeep Kumar Malhotra and the other two

children of Smt. Pushpa Devi Malhotra, namely Sh. Sanjeev Kumar

Malhotra and Ms. Meeta Vig who are respondent nos.2 and 3 herein have

given their no objection for sale of the suit property.




FAO No.314/2013                                                    Page 2 of 3
 4.           Accordingly, this appeal is allowed and disposed of by

remanding the petition back for disposal to the Guardianship Court and

before the Guardianship Court the appellants will file the necessary

valuation report for the Court to determine what is the minimum price at

which the suit property should be sold.        The Guardianship Court can

thereafter pass appropriate directions with respect to utilization of the sale

proceeds of the property.


5.           Parties to appear before the District & Sessions Judge, Saket

courts, New Delhi on 19th March, 2014 and the District & Sessions Judge

will thereafter mark the guardianship petition for disposal to a competent

court in accordance with law. Trial court record be sent back so that the

same is available to the District & Sessions Judge on the date fixed.




FEBRUARY 17, 2014                            VALMIKI J. MEHTA, J.

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