Naynaben Pravinbhai Borsadiya vs Nil
2023 Latest Caselaw 5399 Guj

     C/FA/3221/2021                                ORDER DATED: 10/07/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 3221 of 2021

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                      NAYNABEN PRAVINBHAI BORSADIYA
                                 Versus
                                   NIL
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Appearance:
MR. NISHIT P GANDHI(6946) for the Appellant(s) No. 1,2
for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                              Date : 10/07/2023

                               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 26.08.2021 passed by the learned Additional District Judge, Jamnagar in Civil Misc. Application No.55 of 2020 by which the application under section 9 of the Guardians and Wards Act for permission to sell undivided share of the minor Jeet Borasadia was rejected.

2. Heard learned counsel Mr. Nishit Gandhi appearing for and behalf of the appellant.

3. Mr. Gandhi 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,

C/FA/3221/2021 ORDER DATED: 10/07/2023

AIR 2020 SC 205, it was submitted by learned counsel Mr. Gandhi that no permission is required to sell the undivided share of the minor in a joint family property.

4. Having heard the learned counsel for the petitioner and on perusal of the impugned judgement, this Court is of the considered view that, the learned Single Judge of this Court in the case of Sankhala (Mali) Kantaben Bharatbhai (supra), has categorically observed that in the case of an undivided share of a minor in joint family property, no permission of Court would be necessary. In the facts of the present case, leave was sought by the mother of the minor and father has already expired. The case is covered by the judgement of the learned Single Judge as referred above and therefore, without much discussion, the impugned judgement dated 26.08.2021 is quashed and set aside. The appellant is permitted to sell the undivided share of minor son in the joint family property.

5. With the aforesaid, the appeal is allowed.

(ILESH J. VORA,J) SUDHIR