Madras High Court
OP/213/2026 of Selvi Vs No Respondent on 12 October 2026
OP No. 213 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
OP No. 213 of 2026
CNR: {HCMA011008792026}
Selvi
..Petitioner
Vs
No Respondent
Nil
..Respondent
Prayer: Original Petition filed under Section 8(2) of the Hindu Minority and Guardianship Act, 1956 r/w Order 21 Rules 2 & 3 of Original Side Rules, praying to grant permission to the petitioner to sell the undivided share in the schedule mentioned property, which is pertaining to the two minor children and pass further orders to deposit the money as per the discretion of this Court.
For Petitioner(s):
Mr.Alex Abraham
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This Original Petition has been filed to grant permission to the petitioner to sell the undivided share in the schedule mentioned property, which is pertaining to the two minor children and to deposit the money.
2. Heard Mr.Alex Abraham, learned counsel for the petitioner.
OP No. 213 of 2026
3. The petitioner is the mother of the minor children, S.Anand and S.Gokula Indra aged 13 and 10 years. The husband of the petitioner, late P.Sundar Rajan died on 07.12.2021, who was the son of one Mr.B.Parthsarathy, who is the original owner of the subject property, which is now proposed to be sold to one Mr.S.Asokan under the agreement of sale dated 10.02.2025.
4. The learned counsel for the petitioner, taking me through the Annexure
- IA and Annexure – II, has explained in detail the allocation of shares and the present undivided share of the minor being 16/225.
5. I have gone through the family tree, as well as the allocation of shares. I am in agreement with the tabulation that been prepared by the learned counsel for the petitioner. In the light of the above, the minors are entitled to Rs.6,61,333.33/- each, out of the total sale consideration of Rs.93,00,000/-. All the other co-owners are willing and desirous to complete the transaction and the purchaser is also willing to complete the sale transaction by end of the year.
6. The petitioner examined herself as P.W.1 and marked Ex.P1 to Ex.P10. I am satisfied that the petitioner, as sole guardian and mother of the minor, is entitled to represent her minor son and daughter to execute necessary sale deed and register the same pertaining to the undivided share of 16/225 each of her minor children, along with her share of 16/225, joining the execution and
OP No. 213 of 2026
registration of sale deed, along with the other co-owners, who have also become entitled to their respective shares, being legal heirs of late Mr.B.Parthasarathy, the original owner of the subject property. In the light of the above, I am inclined to allow the original petition.
7. This Original Petition is allowed with the following directions:
(i) The sale shall be completed on or before 31.12.2026. The share of each minor child, amounting to Rs. 6,61,333.33/-, shall be deposited in an interest-bearing account with any one of the nationalised banks, subject to deduction of TDS, if applicable;
(ii) A copy of the sale deed and a copy of the Fixed Deposit receipt in the names of the minor children, initially for a period of two years, shall be filed before the Registry of this Court on or before 31.01.2027;
(iii) The petitioner, being the mother and guardian of the minor children, shall be entitled to withdraw the interest accrued on the deposits once every three months for the maintenance and upkeep of the minor children. No costs. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA
OP No. 213 of 2026
P.B.BALAJI, J. ATA OP No. 213 of 2026 12-10-2026