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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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