1 GP-58 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Guardianship Petition No.58 of 2010 Smt.Surekha Shridhar More .. .. Petitioner Mr.Amar B. Babar for Petitioner. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 29th September, 2010 P.C. : 1.The Petitioner is the maternal grandmother of the two minor children Saurabh and Jay. Their parents have expired. The Petitioner has produced the Death Certificate of Jay Surve and the School Certificate of Saurabh Surve, showing that he is the bona fide student of the school and showing his birth date therein. The Petitioner has also produced the Death Certificate of the parents of the minor children. 2.The deceased served in the Mumbai Municipal Corporation (MMC). The Petitioner is required to obtain the Death- cum-retirement dues of the deceased, Pradeep Surve from the MMC. 2 GP-58 3.The mother of the deceased is stated to be alive. The Petitioner shall file her consent for being appointed guardian of the two children. 4.Under these circumstances, the notice of the Petition is dispensed with. Upon the Petitioner filing the consent of the mother of Pradeep Surve, the Petitioner is appointed guardian of the two minor children Saurabh and Jay Surve. 5.It is seen that Pradeep Surve died leaving behind his mother, wife and two children as his heirs and legal representatives. Each of them is entitled to an equal share of his estate. 6.The MMC shall disburse 50% of the dues payable to Pradeep Surve upon his death in the names of his two minor children to the Petitioner. The MMC shall disburse 25% of the dues in the name of the Petitioner and 25% of the dues in the name of the mother of the deceased. 7.The Petitioner shall invest the said amount given in the names of the minor children in a Fixed Deposit Receipt (FDR) in any Nationalised Bank also in the names of the two minor children until they attain majority. The Petitioner shall be entitled to utilise 3 GP-58 interest from the FDR for the education and maintenance of the two children. 8.The Petition is disposed of accordingly. (SMT.ROSHAN DALVI, J.)