1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION GUARDIANSHIP GUARDIANSHIP GUARDIANSHIP PETITION PETITION PETITION NO. 49 OF 2006 NO. 49 OF 2006 NO. 49 OF 2006 In In In the the the matter of matter of matter of 1) 1) 1) Kum.Tasneem Arif Vali Kum.Tasneem Arif Vali Kum.Tasneem Arif Vali 2) 2) 2) Master Ali Asgar Master Ali Asgar Master Ali Asgar Smt Smt Smt Salmabai Salmabai Salmabai Mohsin Vali .... Petitioner Mohsin Vali .... Petitioner Mohsin Vali .... Petitioner Mr.Pradip Mr.Pradip Mr.Pradip Ramchandani Ramchandani Ramchandani for Petitioner for Petitioner for Petitioner CORAM CORAM CORAM : : : SMT R.S.DALVI, J SMT R.S.DALVI, J SMT R.S.DALVI, J DATED DATED DATED : : : 10th January, 2007 10th January, 2007 10th January, 2007 P.C. P.C. P.C. 1.1.1. The petitioner is the grandmother of the minors The petitioner is the grandmother of the minors The petitioner is the grandmother of the minors for for for whom she proposes to be appointed as legal whom she proposes to be appointed as legal whom she proposes to be appointed as legal guardian. guardian. guardian. 2.2.2. The first named minor Kum.Tasnim Arif Vali has The first named minor Kum.Tasnim Arif Vali has The first named minor Kum.Tasnim Arif Vali has since since since attained majority. Hence, she does not press attained majority. Hence, she does not press attained majority. Hence, she does not press for for for any relief in respect of the said grand child. any relief in respect of the said grand child. any relief in respect of the said grand child. 3.3.3. Master Ali Asgar is her grandson. His father Master Ali Asgar is her grandson. His father Master Ali Asgar is her grandson. His father has has has expired. His mother one Sakina Abezar resides expired. His mother one Sakina Abezar resides expired. His mother one Sakina Abezar resides inin in Nagpur. She has been served with a copy of the Nagpur. She has been served with a copy of the Nagpur. She has been served with a copy of the petition petition petition on 2nd December, 2006. She has filed an on 2nd December, 2006. She has filed an on 2nd December, 2006. She has filed an affidavit affidavit affidavit executed in Nagpur before a Notary executed in Nagpur before a Notary executed in Nagpur before a Notary stating stating stating that she has no objection to allow the that she has no objection to allow the that she has no objection to allow the 2 petitioner petitioner petitioner to to to sell the property being Flat No.201-A sell the property being Flat No.201-A sell the property being Flat No.201-A inin in Sukhsagar Premises Cooperative Hsg.Society Ltd, Sukhsagar Premises Cooperative Hsg.Society Ltd, Sukhsagar Premises Cooperative Hsg.Society Ltd, N.S.Patkar N.S.Patkar N.S.Patkar Road, Mumbai-7 and to deposit the share Road, Mumbai-7 and to deposit the share Road, Mumbai-7 and to deposit the share that that that would come to her son Master Ali Asgar in would come to her son Master Ali Asgar in would come to her son Master Ali Asgar in FDRs. FDRs. FDRs. The Advocate for the petitioner states that The Advocate for the petitioner states that The Advocate for the petitioner states that Kum.Tasnim Kum.Tasnim Kum.Tasnim Arif Ali will herself be signing the Arif Ali will herself be signing the Arif Ali will herself be signing the agreement agreement agreement for sale and taking her 50 % share for sale and taking her 50 % share for sale and taking her 50 % share therefrom therefrom therefrom since she has attained majority. since she has attained majority. since she has attained majority. 4.4.4. Consequently, petition is made absolute in Consequently, petition is made absolute in Consequently, petition is made absolute in terms terms terms of prayer clauses (b) and (c) in respect of of prayer clauses (b) and (c) in respect of of prayer clauses (b) and (c) in respect of Master Master Master Ali Asgar. Ali Asgar. Ali Asgar. (Smt (Smt (Smt R.S.Dalvi,J) R.S.Dalvi,J) R.S.Dalvi,J)