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Kantabai Bhikaji Rokade vs Mansi Dattaram Salve (Minor) on 14 November, 2019

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
GUARDIANSHIP PETITION NO.5 OF 2019

Kantabai Bhikaji Rokade … Petitioner
—–
Mr.V.S. Kokitkar for Petitioner.
—–

CORAM : G.S.KULKARNI, J.
(In chamber)

DATE : 14 November, 2019

P.C.:

This is a petition filed under the Guardian and SectionWards Act VIII of 1890

whereby the petitioner-Kantabai Bhikaji Rokade, maternal aunt of minor

Kum.Mansi Dattaram Salve, aged about 14 years, is before the Court praying

that the petitioner be appointed as a guardian of minor Mansi Dattaram Salve

qua the property without any remuneration and to do further necessary acts

on behalf of the minor. Following are the prayers as made in the petition:-

“(a) that the Hon’ble Court may be dispense the Notice
under Section 11 of the Guardians and SectionWards Act 1890.
(b) that the Hon’ble Court may be appointed to the
Petitioner being the maternal Aunt of the minor Kum. Mansi
Dattaram Salve as a Guardian of the said minor and
property without any remuneration.”

2. As set out in the petition minor Mansi was born on 29 March 2005 to

her biological parents Mr.Dattaram Dhondu Salve and Mrs.Laxmi Dattaram

Salve. On 13 June 2009 Mansi’s father Dattaram Salve died intestate in

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Mumbai. Thereafter on 16 June 2018 Mansi’s mother Mrs.Laxmi Dattaram

Salve also died intestate. Since the death of Mansi’s mother Mrs.Laxmi,

minor Mansi is being looked after and under the care of the petitioner. The

petitioner avers that Mansi’s biological parents Mr.Dattaram Salve and

Mrs.Laxmi Salve were having residential premises namely Room No.71,

B.D.D. Chawl No.23, N.M. Joshi Marg, Mumbai – 400 013. These are

leasehold premises. The rent receipt of the said room is in the name of

Mansi’s deceased mother Mrs.Laxmi. The petitioner also avers that from the

paternal side, minor Mansi has no relatives. It is further averred that the

petitioner is a fit and appropriate person for being appointed as a guardian of

the minor in the property of the minor. It is also stated that the petitioner has

no other interest in the share of the minor either directly or indirectly adverse

to that of the minor.

3. In paragraph 8 of the petition, the petitioner has stated that minor

Mansi Salve is entitled to inherit the said residential premises i.e. Room

No.71 and to cater the property interest of minor Mansi, the petitioner be

appointed as guardian of minor Mansi and her property. This would also

enable the petitioner to approach the authorities of the BDD chawl in which

the said premises are situated, for transfer of the residential premises in the

name of minor under the guardianship of the petitioner. It is also stated that

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none of the biological parents of minor Mansi had left any will and no such

will is found. As also there is no other person appointed as a guardian of the

minor or of the property in any proceedings.

4. When I heard this petition on 8 November 2019, I had asked the minor

who is now 14 years old of age along with petitioner to remain present at

today’s hearing. I had a satisfactory interaction with the petitioner as also

with the minor Mansi who is presently studying in Regina Pacis Convent High

School, situated at Seth Motishah Lane, Victoria Gardens, Mumbai – 400 027

moreover in the context of the present petition.

5. Having perused the documents on record and on being satisfied from

the interaction I had with the petitioner and the minor, it would be in the

interest of justice that the petition is allowed. It is accordingly allowed in the

following terms:-

ORDER

i. The petitioner/maternal aunt of the minor Mansi Dattaram Salve is

appointed as a guardian of the said minor and the minor’s property without

any remuneration.

ii. The petitioner shall be permitted to sign on behalf of the minor in the

capacity as a guardian of the minor Mansi Dattaram Salve in regard to any

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documents in respect of the said property.

iii. In the circumstances of the case, I do not think that there is a need or

requirement of any order for deposit to be made. I have accordingly not

imposed such a condition.

iv. The petition is accordingly allowed in the aforesaid terms. No costs.

(G.S. KULKARNI, J.)

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