4.mpl.35.2019.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.

MISCELLANEOUS PETITION (L) NO. 35 OF 2019

Monica Rakesh Gupta …Petitioner

…..
Ms Hetal Master I/b Mr Rushil Mehta for the Petitioner.

Dhanappa …..
I. Koshti
Digitally signed by
Dhanappa I. Koshti CORAM : B. P. COLABAWALLA, J.

Date: 2019.06.27
10:48:57 +0530 JUNE 25, 2019.

P.C. :

Heard the learned advocate for the petitioner and also

perused the averments in the Miscellaneous Petition. Considering the

averments in the petition, I am satisfied that no notice is required to

be given as contemplated under Section 11 of the Guardians and

SectionWards Act, 1890 (for short “the Act”). In these circumstances the

petition is accepted and heard finally.

2 The above petition is filed under the provisions of the

Guardians and SectionWards Act, 1890 in respect of the minor daughter Ms

Keona Rakesh Gupta. The minor Keona Rakesh Gupta is the biological

daughter of the petitioner. The petitioner was married to one late Mr

Rakesh Rajkumar Gupta who expired on 12th October, 2015. From

this wedlock, the petitioner and the late Rakesh had three children,

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4.mpl.35.2019.doc

namely, Mehak Rakesh Gupta (daughter) born on 11th May, 1998; Mr

Ruhaan Rakesh Gupta (son) born on 18th July, 2000 and the minor

Keona Rakesh Gupta (daughter) born on 28th November, 2004. As on

the date of filing of the present petition, only Keona Rakesh Gupta is a

minor.

3 By this petition the petitioner seeks permission of this

Court to execute an agreement for sale in respect of Flat No. 1004/A,

10th Floor, Safal Twins, Sion Trombay Road, Devnar village, Chembur,

Mumbai 400 071 (for short “the said property”). In relation to this

property, it is stated in the petition that by a registered agreement for

sale dated 23rd June, 2006 the late husband of the petitioner along

with his brother Sanjaykumar Gupta purchased the said property

from M/s Jai Mata Di Homes. Subsequently the said property was

transferred in favour of the petitioner and her three children vide a

registered gift-deed dated 7th July, 2012. At the time the said gift-

deed was executed in favour of the petitioner and her children, except

for the petitioner, the three children were minor. However, as on date,

only Keona Rakesh Gupta remains a minor.

4 It is stated in the petition that the petitioner is a single

parent and a working woman. She being the only guardian of her

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three children, has decided that it is in the best interest of all if the

said property can be sold and the sale proceeds realized therefrom

can be used for the future maintenance, education and upbringing of

the children including the minor. In the petition it is further stated

that the petitioner undertakes that the share of the minor child (from

the sale proceeds received) will be strictly used for her individual

education, investments and for securing her future.

5 When this petition had initially came up, on 18th April,

2019 an order was passed wherein the Sub-Registrar, Kurla was

directed to ascertain the market value of the said flat and report the

same to this Court. Pursuant to the said direction, a Valuation Report

of the said flat is on record of this Court which indicates that the

market value of the said property is approximately Rs.2,09,33,955/-.

6 Looking to the averments that have been made in the

petition, and which I find to be bona fide, I see no impediment in

granting the reliefs claimed in the petition. In these circumstances

the petition is allowed in terms of prayer clauses (a) and (b) which

read thus –

“(a) That this Hon’ble Court be pleased to dispense the service
of the notice under Sectionsection 11(1)(a) of the Guardians and
Wards, Act 1890, in respect of the petition;

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4.mpl.35.2019.doc

(b) that this Hon’ble Court be pleased to allow the petitioner
to execute the agreement for sale with respect to the said
property on behalf of the minor child Miss Keona Rakesh
Gupta being the natural guardian of the child with special
conditions as agreed by the petitioner above in clause 9.”

7 The undertakings given by the petitioner in the petition

are accepted. It is made clear that the petitioner shall be entitled to

enter into any agreement-to-sell of the said property only at a price

which exceeds the sum of Rs.2,09,00,000/-. With this clarification,

the petition is disposed of. No order as to costs.

(B.P.COLABAWALLA, J.)

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