OP/96/2026 of Parameshwari. P. Vs No Respondent on 7 October 2026

ORDER

This Original Petition has been filed under Section 8(2)(a) of the Hindu Minority and Guardianship Act, 1956 read with Order XXI Rules 2 and 3 of Original Side Rules.

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2. The petitioner is the mother of minor P.Yogeswari, aged 14 years.

3. I have heard Mr.A.S.Arvind, learned counsel for the petitioner.

4. Learned counsel for the petitioner would take me through the petition averments as well as the oral and documentary evidence adduced by the petitioner before the learned Master, pursuant to the orders of this Court directing recording of evidence.

5. I have carefully considered the submissions of the learned counsel for the petitioner and I have gone through the entire records including the evidence adduced on the side of the petitioner.

6. The petitioner’s husband late Parasuraman died on 07.08.2020 and the petitioner and her husband are blessed with minor Ms.P.Yogeshwari, born on 31.10.2011. Apart from the said minor Ms.P.Yogeshwari, the petitioner and the said Parasuraman were not blessed with any other issues.

7. A property being land admeasuring 2700 sq.ft was originally belonging to Mr.Muthusamy, the grand father of the minor P.Yogeshwari. The said property was in fact partitioned amongst the family members, pursuant to the

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demise of Muthusamy, intestate on 01.12.2005.

8. As the son of the said Muthusamy, the husband of the petitioner Parasuraman, who is the father of minor P.Yogeshwari, was also entitled to a share in the property of the said Muthusamy. In and by partition deed dated 10.07.2025, registered as Document No.9771 of 2025 on the file of SRO, Chennai South, Joint I, the property admeasuring 2700 sq.ft was divided into 5 (five) parts. The legal heirs of Parasuraman viz., the petitioner and minor P.Yogeshwari are admittedly entitled to a 1/10th share each in the property viz., 1320 sq.ft along with building, forming part of land of an extent of 2700 sq.ft., which fell to the share of some of the legal heirs, viz., (i) Mrs.Anjalidevi;

(ii) Mrs.M.Meenatchi and the legal heirs of Ramachandran viz., (i) R.Sagunthala; (ii) R.Dhanasekar; (iii) R.Vasanthakumar; and (iv) R.Baskar and legal heirs of Backiyalakshmi viz., (i) P. Jai Shankar; (ii) J.Veeramuthu; (iii) J.Tamil Pandi and legal heirs of Parasuraman viz., the petitioner and Miss.P.Yogeshwari. The 1/10th share of the minor P.Yogeshwari is the subject matter of the present Original Petition.

9. Learned counsel for the petitioner states that the property that has been allotted jointly to the petitioner and the minor daughter viz., 1/10th each is not yielding any income and the existing building is also in a bad shape. The co- owners have decided to dispose of the property to meet their financial needs.

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The petitioner has also stated that she is keen to join the other co-owners in selling the property and clear huge debt that has been incurred by her, for treating her husband, late Parasuraman. The petitioner also states that she is not employed and does not have any independent source of income and is not in a stable financial position to take care of the minor’s future education expenses. The petitioner has therefore moved this Court seeking permission to sell the minor’s share along with her share and the shares of the other co-owners.

10. The petitioner has also stated that one R.Ajith, S/o Ramalingam has offered to purchase the property for a total sale consideration of Rs.1,18,80,000/-(Rupees One Crore Eighteen Lakhs Eighty Thousand Only). All the co-owners are agreeable for the said sale consideration and the petitioner has also stated that the said offer is fair and reasonable and commensurate with the prevailing market value in the locality.

11. The petitioner has further stated that the co-owners have already entered into an agreement of sale on 18.12.2025 with the said Mr.R.Ajith and received a total advance of Rs.25,00,000/-(Rupees Twenty Five Lakhs Only), with the balance being payable at the time of registration of the sale deed. I am able to notice that the said R.Ajith is the son of Ramalingam, who is one of the sons of original owner Muthusamy himself and therefore, the sale is within the family.

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12. In terms of the sale agreement and the agreed sale consideration, the share of the minor works out to Rs.11,88,000/- (Rupees Eleven Lakhs eighty Eight Thousand Only) (1/10th). The petitioner has stated that the proposed sale of the minor’s share is for legal necessity and for the welfare of the minor. The petitioner has also stated that the entire share of the minor viz., Rs11,88,000/- (Rupees Eleven Lakhs Eighty Eight Thousand Only) can be invested in any Nationalised Bank and the petitioner can be permitted to withdraw the interest on a quarterly basis to utilise the said amount for the upkeep and maintenance of the minor.

13. The petitioner has examined herself as P.W.1 before the learned Master. She has exhibited Exs.P.1 to P.9. The proof affidavit of the petitioner asserts and affirms the contents of the petition, seeking permission to sell the share of the minor. The Birth Certificate of the minor has been marked as Ex.P.3. The Aadhaar Card of the minor has been marked as Ex.P.2; the Partition Deed dated 10.07.2025 (photocopy, after being compared with the original) has been marked as Ex.P.4; the original agreement of sale entered into between the co-owners and the purchaser R.Ajith has been marked as Ex.P.5. The other co- owners have also given their consent affidavits which are marked as Ex.P.6 series. The publication effected in Tamil Daily “Malai Malar” and English

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Daily “Trinity Mirror” has been marked as Ex.P.8 series.

14. On going through the said evidence, both oral and documentary and also the petition pleadings, I find that the sale of 1/10th share of the minor is in the best interest of the minor. The minor’s 1/10th share cannot be divided and dealt with independently by the petitioner and therefore, the decision taken by the petitioner to join hands with the other co-owners and dispose of not only her share, but also the minor’s share is in the best interest of the minor, considering the facts and circumstances of the case.

15. In the light of the above, I am inclined to allow the Petition. Accordingly, OP No.96 of 2026 is allowed and permission is granted to the petitioner to sell 1/10th share of the minor P.Yogeshwari in the petition mentioned property subject to the following conditions:-

(i) The sale consideration of Rs.11,88,000/-(Rupees Eleven Lakhs Eighty Eight Thosuand only) less any TDS amount that may be deducted and payable to the Income Tax Department, shall be deposited in any Nationalised Bank, prior to the execution and registration of the sale deed, such execution and registration being not later than 31.01.2027.

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(ii) The said amount shall be invested in the form of Fixed Deposit and the petitioner, mother of the minor P.Yogeshwari shall be permitted to withdraw interest on quarterly basis, which sum shall be used for the upkeep and maintenance of the minor.

(iii) On registration of the sale deed, a copy of the sale deed and a copy of the fixed deposit shall be filed along with a Memo before the Registry of this Court within a period of four weeks from the date of the registration.

(iv) The fixed deposit shall be for a period of two years initially and shall be renewed again for a period of two years by which time the minor will also attain the age of majority. On attaining majority and the deposit maturing, the minor shall be at liberty to seek for payment of the proceeds viz, the principal amount of Rs.11,88,000/-(Rupees Eleven Lakhs Eighty Eight Thousand Only) together with accrued interest, if any, available

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(v) The bank, where the said amount is invested in fixed deposit shall ensure that the amounts payable to P.Yogeshwari on her attaining majority shall be paid out to her without any delay.

(vi) Registry, on filing of a Memo, without insisting any formal petition, shall return the original agreement of sale, marked as Ex.P.5, to the learned counsel for the petitioner on substitution of the same with certified copy. No costs. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SR

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To The Sub Assistant Registrar, Original Sides, High Court, Madras

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P.B.BALAJI, J. SR OP No. 96 of 2026 06.10.2026