Manubhai Balubhai Gurjar vs None
2023 Latest Caselaw 5784 Guj

                                                                                  NEUTRAL CITATION




     C/FA/1451/2023                                ORDER DATED: 08/08/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 1451 of 2023

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                       MANUBHAI BALUBHAI GURJAR
                                 Versus
                                 NONE
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Appearance:
MR VIRAL V DAVE(3846) for the Appellant(s) No. 1
for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                              Date : 08/08/2023

                               ORAL ORDER

1. In this appeal under section 47 of the Guardians and Wards Act read with section 96 of the Code of Civil Procedure, 1908 (the Code for short), the appellant has assailed the judgment and order dated 02.07.2022 passed by the learned 13 th Additional District Judge, Surat in Civil Misc.(Guardian) Application No.81 of 2022 by which the application under sections 7 and 29 of the Guardians and Wards Act for permission to sell undivided share of the minor Rutika was rejected.

2. Heard learned counsel Mr. Viral Dave appearing for and behalf of the appellant.

3. Mr. Viral Dave has submitted that the impugned judgement is contrary to the settled position of law, facts and evidence on record. He further submitted that the Court below could have allowed the permission to sell subject to reasonable conditions so as to protect the interest of the minor. Thus, in this context, referring to section 12 of the Guardians and Wards Act and ratio laid down in the case of Sankhala (Mali) Kantaben Bharatbhai vs. Rabari Panchalbhai, AIR 2020 SC 205, it was submitted

NEUTRAL CITATION

C/FA/1451/2023 ORDER DATED: 08/08/2023

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by learned counsel Mr. Gandhi that no permission is required to sell the undivided share of the minor in a property.

4. Having heard the learned counsel for the petitioner, this Court is of the considered view that the Court below declared the present petitioner as a guardian of minor Rutika for looking after the said property. The prayer for sale of the property is not being considered by the Court below mainly on the ground that the rent income from the flat property can be utilized for the welfare of the minor. The Court below failed to appreciate the settled law on this aspect that in case of undivided share of a minor in a joint family property, no permission of Court would be necessary( Sankhala (Mali) Kantaben Bharatbhai) (supra). The case is covered by the judgement of the learned Single Judge as referred above and therefore, without much discussion, the impugned judgement dated 02.07.2022 is quashed and set aside. The appellant is permitted to sell the undivided share of minor daughter in the property.

5. With the aforesaid, the appeal is allowed.

(ILESH J. VORA,J) SUDHIR