1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION MISC. PETITION NO.20 OF 2009 Rani Manghnani Nee Rani Advani .... Petitioner V/s .............................. Mr. H.N. Shah for the petitioner. Mr. Shailesh Shah, purchaser present in person. CORAM: V. M. KANADE, J. DATE : 15TH JANUARY, 2010 P.C.:- 1. Heard the learned Counsel for the petitioner. 2. Pursuant to the directions given by this Court Mr. Shailesh Shah, purchaser is present in Court. 3. This Petition is filed by the petitioner seeking permission to sell 50% share of her minor daughter Tia Vishal Manghnani through her as she is a mother and natural guardian of her minor daughter, in respect of the flat situated at 5-B, Fifth Floor in Aangan CHS Ltd. Santacruz (West), Mumbai 400054. An affidavit has been filed by the petitioner herein dated 12/1/2010 in which she has given an undertaking to this Court that out of total sale proceeds of 2 Rs 1,40,00,000/-, she shall deposit Rs 70,00,000/- in the name of her minor daughter Tia and shall retain the said amount till she attains majority and that on her daughter Tia attaining majority, she shall handover to her the then final investment or securities or fixed deposit receipts etc lying and standing in her name. Undertaking is accepted. 4. The petitioner was married to one Vishal Manghnani and the said minor was born on 08/08/2005 out of the said wedlock. Due to disputes and differences between parties, the petitioner and her husband filed Petition by mutual consent under section 13B before the Family Court, Bandra. In the said Petition, Consent Terms Were filed and in the said Consent Terms, the husband of the Petitioner gave up his right over 50% share in the said flat and further stated that in case of an emergency and if it is absolutely essential to sell the aforesaid flat, the Petitioner may, after seeking permission from this Court, sell the said flat. However, 50% of the sale proceeds of the said flat should be invested by the petitioner in the name of her daughter Tia. The petitioner in this petition has stated that she has received a very good offer for the said flat and if immediate permission is not granted, she may not be able to sell the said flat and that she has received the said offer from the purchaser who is residing in the said building. 5. Though, an undertaking was given by the Petitioner that she would deposit 50% of the amount in the name of 3 her daughter Tia, I have asked the Petitioner to give notice to the purchaser to remain present before this Court. Accordingly, the purchaser has remained present before this Court. He has agreed and has given an undertaking to this Court that he would issue two cheques; one in the name of the petitioner and the other in the name of her minor daughter Tia which amount would be deposited in her account, though the petitioner is permitted to act as her natural guardian. 6. In view of the undertaking given by the flat purchaser, I am satisfied, taking into consideration facts and circumstances of the case, that it is essential to dispose of the said flat and the said sale is in the interest of the minor. 7. Petition is, therefore, allowed in terms of prayer clauses (b), (c) and (d). 8. Needless to state that the petitioner is at liberty to apply and the petition is allowed subject to directions which are given by this Court. 9. Petition is disposed of. (V.M. KANADE, J.)