Madras High Court
OP/85/2026 of Anitha. G Vs No Respondent on 12 October 2026
OP No. 85 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. 85 of 2026
CNR: {HCMA010223962026}
Anitha. G
..Petitioner(s)
Vs
No Respondent
Nil
..Respondent(s)
1) Permit the petitioner to sell the admitted undivided 1/4th share of Minor Anahatha Santhosh over the Schedule property.
2) Permit the petitioner to deposit the sale consideration in a Nationalized Bank and utilize the accruing interest for the benefit of the Minor Anahatha Santhosh.
For Petitioner(s):
M/s.S.Vidhya
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ORDER
Heard M/s.S.Vidhya, learned counsel for the petitioner.
2. The petitioner is the mother of the minor daughter, Anahatha Santhosh. The petitioner’s husband died on 02.03.2020, leaving behind his wife, the petitioner herein and two daughters as his only Class I legal heirs surviving to
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OP No. 85 of 2026
his estate. One of the daughters of the petitioner is already a major and the younger daughter is aged 14 years. The deceased had purchased a property, namely a residential flat at Tiruvanmiyur in the year 2008, which is presently rented out to a tenant. The legal heirs of the deceased have jointly come together and taken a decision to dispose of the said flat in the best interest of all the co-owners.
3. The petitioner has examined herself as P.W.1 and marked Ex.P1 to Ex.P9. The valuation report is also marked as Ex.P6. In terms of the said valuation report, the valuer has mentioned the market value of the said residential flat at Rs.1,79,26,000/- and the forced value at Rs.1,43,40,800/-.
4. The learned counsel for the petitioner states that the parties are yet to identify a proposed buyer, since the minor’s share is involved. However, she assures the Court that the sale would be in the best interest of the minor daughter of the petitioner as well.
5. Considering the oral and documentary evidence, I am satisfied that the petitioner is entitled to permission to sell 1/4th undivided share of the minor daughter, Anahatha Santhosh.
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OP No. 85 of 2026
6. In fine, this Original Petition is allowed. The petitioner is permitted to sell 1/4th undivided share of minor Anahatha Santhosh, namely 790.38 sq.ft out of total extent of 87820 sq.ft, together with flat measuring 1188 sq.ft in Block B, II Floor, bearing No.204 with one covered car park, comprised in T.S.Nos.45, 46, 61 & 62, Block No.40 of Thiruvanmiyur, situate at Plot No.233, 20th East Street, and Plot No.231, 21st East Street, Kamraj Nagar, Thiruvanmiyur, Chennai. The said sale shall be concluded for a total sale consideration of not less than Rs.1.75 crores. The 1/4th share of the minor shall be deposited in an interest bearing Fixed Deposit in the name of the minor Anahatha Santhosh for a period of two years initially and subject to further permission from this Court, at that relevant point of time, may be reinvested or may be dealt with in accordance with directions that may be issued by this Court, considering the necessity and development at that particular point of time. The petitioner is entitled to withdraw interest once in three months for the upkeep and maintenance of the minor daughter.
7. It is made clear that since the price is fixed, based on the current market value, which are likely to fluctuate even suddenly, the sale shall be concluded on or before 15.02.2027. A copy of the sale deed shall be filed before this Court on or before 31.03.2027, along with a copy of the Fixed Deposit, confirming the deposit of 1/4th share of the minor, subject to TDS and other statutory
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OP No. 85 of 2026
deductions alone, by enclosing a photostat copy of the Fixed Deposit in the name of the minor represented by the petitioner as the mother or guardian. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA
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OP No. 85 of 2026
P.B.BALAJI, J. ATA OP No. 85 of 2026 12-10-2026
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