1 MISC. PTN. 24/2010 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION MISC. PETITION NO. 24 OF 2010 Savinaya Navaneet Bharadwaj ...Deceased Ms. Ishita Savinaya Bharadwaj ...Minor daughter Mrs. Anisha Savinaya Bharadwaj ...Petitioner Mr. Snehal Shah with Mr. N.N. Bhadrashete, Advocates for Petitioner CORAM : SMT. ROSHAN DALVI, J. DATED : 9TH SEPTEMBER, 2010 P.C. : 1. The Petitioner is the mother of the minor child who is the natural as well as legal guardian of the minor child in the absence of her father. Her father has expired on 4th February 2010. 2. The Petitioner has applied for being declared a guardian of the person as well as the property of the minor child. Her father expired leaving behind the Petitioner as his widow and two daughters. One daughter has attained majority. She has consented to the administration of the estate of her deceased father with regard to her 1/3rd undivided share therein as her mother, the Petitioner may think fit and proper. The other daughter is the minor child. 2 MISC. PTN. 24/2010 3. The husband’s mother had expired prior to the death of the husband of the Petitioner. Hence there are no other heirs entitled to claim the estate of the husband. 4. The only estate of the husband is flat No.4-A, 1st floor, Basant Parvati Co- operative Housing Society, Khan Abdul Gaffarkhan Road, Worli Sea Face, Mumbai-400 018. The flat was mortgaged with Standard Chartered Bank. The mortgage amount has not been repaid. Rs.64,34,054/- is stated to be the amount due and payable on the loan taken by the husband under mortgage of the flat. That loan has to be repaid. The heirs and legal representatives of the deceased are equally entitled to the said flat and equally liable to pay off the said mortgage amount. 5. The Petitioner proposes to sell the said flat to pay off the mortgage amount and to purchase another flat as well as certain investments and repay other loans from the proceeds of the flat. 6. The Petitioner proposes to sell the said flat for Rs.7.20 Crores. The Petitioner has shown that the amount proposed to be received is far in excess of the market value of the flat shown in the ready-reckoner issued by the Government of Maharashtra. The Petitioner, therefore, contends that the sale is for the benefit of the minor as also the other heirs. 7. In paragraph 10 of the Petition the Petitioner has shown how she proposes to administer the estate of her husband upon the sale of the flat left by him for the aforesaid consideration. 3 MISC. PTN. 24/2010 8. It is seen that the minor’s 1/3rd share including the minor’s 1/3rd liability for repayment of the loan of Standard Chartered Bank would essentially be protected by the investments to be made by the Petitioner. It is also seen that a decent amount is proposed to be set aside by the Petitioner for the education of both the daughters of the Petitioner. 9. It is seen that the Petitioner has desired to act in the interest of both the daughters and the daughter who has attained majority has fairly accepted the Petitioner’s position in seeking to administer the estate of the deceased for the benefit of her daughters. 10.The Petitioner is the natural guardian of the minor daughter is a fit and proper person to be appointed legal guardian of the person and property of the minor child. 11.Since there are no other heirs of the deceased entitled to claim the estate, notice under Section 11 of the Guardians and Wards Act, 1890 is dispensed with. 12.Petition is accepted and made returnable forthwith. 13.For the aforesaid reasons the Petition is granted as prayed. 14.The Petition is disposed off accordingly. (SMT. ROSHAN DALVI, J.)