: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION NO.117 OF 2007 Dr.Rajesh Mohan Rao ....Petitioner And Master Rishabh Rajesh Rao, a minor ....Respondent Mr.M.S. Sanghavi, Senior Counsel with Mr.A.R. Bapat for the Petitioner. . Mr.S.T. Kapse, 1st Assistant Master/Guardian Ad-litem present. . Mr.Khan-Pezvi, representative of Mr.Vasant Thakur, Registered Valuer present. CORAM : S.J. VAZIFDAR, J. DATED : 6TH FEBRUARY, 2008. P.C. : 1. The Petition is filed for the appointment of a guardian ad-litem of a minor Respondent for the purpose of this Petition. The purpose of the Petition is to seek permission of this Court for sale of the reversionary interest in respect of the immovable property described in Exhibit "A" to the Petition on the terms and conditions mentioned in a proposed agreement for sale dated 12.6.2007. The Petitioner who is the father of the minor has also sought to be appointed as the guardian of the minor Respondent and for an order authorising him to complete the proposed sale for and on behalf of the minor. Consequential reliefs for deposit/investment of the minor’s share : 2 : are also sought. 2. When the matter appeared before me on 5.12.2007, I was not satisfied with the report of the valuer appointed by the Petitioner. The valuer had valued the property at Rs.16,41,683/-. This is on a purely theoretical basis and it showed no connection to the realities of the present market. This was ex-facie evident from the fact that the sale in respect whereof the sanction is sought is for a sum of Rs.2,09,00,000/-. 3. Therefore, by a order dated 5.12.2007, I recorded that the valuation of the valuer appointed by the Petitioner was ex-facie not reliable. The Prothonotary and Senior Master was directed to appoint two valuers from the panel of the Court Receiver for the purpose of valuing the suit property. Vasant Thakur & Associates have valued the property at Rs.2,10,63,000/- as on 5.2.2008 and Shrinivas M. Kini & Co. has valued the property at Rs.2,01,56,720/-. The latter valuation contains a detailed analysis. It also refers to the reversionary value as only Rs.16,74,016/-. The reversionary value sought to be worked out is really irrelevant for the present purpose. : 3 : 4. Mr.S.T. Kapse, an officer of this Court was appointed guardian of the minor ad-litem. He does not dispute the valuation or the proposed sale price. He however, submitted that the share of the minor ought to be 1/5th and not 1/6th. However, from the commentary in Mulla, Edition 18, Volume-I, page 592, paragraph 321, it is clear that each branch will share per stripes. The minor’s branch is thus entitled to a moiety. The branch consists of three persons. The minor’s share therefore in the property is 1/3rd of 1/2 of the value of the property i.e. 1/6th of the total property. 5. In the circumstances, the Petition is made absolute in terms of prayers (c) to (g). 6. The bills of both the valuers are sanctioned. Although the bill of Shrinivas M. Kini & Co. is in excess of the sanctioned scale, I am inclined to grant the same. It is a detailed report with a detailed analysis. It is also inclusive of the expenses of the photographer etc. The fees of the guardian ad-litem’s fees are fixed at Rs.5000/-. 8. This order is subject to the bills of the : 4 : valuers and the guardian ad-litem being first paid and the payment being certified by the Prothonotary & Senior Master.