OP/97/2026 of Urmila Anand Vs No Respondent on 7 October 2026

ORDER

The mother of the minor Saijayani Anand, aged 15 years has filed the instant Original Petition under Section 8(2)(a) of the Hindu Minority and Guardianship Act, 1956 read with Section 3 of Guardians and Wards Act, 1980 and Order XXI Rules 2 and 3 of Original Side Rules seeking permission to sell the undivided share of her minor daughter, in the property more fully set out in the schedule to the Original Petition.

2. I have heard Mr.G.Vivekanand, learned counsel for the petitioner and I have also gone through the evidence adduced by the petitioner as P.W.1 before the learned Master on 17.07.2026. Besides filing proof affidavit filed by the petitioner, the petitioner has also marked Exs.P.1 to P.9.

3. Mr.G.Vivekanand, learned counsel for the petitioner states that the petitioner was married to one Anand Ramamurthy on 10.07.2003 and they are blessed with two daughters by name Dhavya Darshini Anand, who is now major and minor Saijayani Anand, now aged 15 years. Learned counsel further states that the petitioner’s husband Anand Ramamurthy died intestate on 24.03.2021 leaving behind the petitioner and two daughters alone as his Class-I legal heirs. He would further state that the deceased Anand Ramamurthy has purchased the schedule mentioned property and since the petitioner’s husband has passed away, the burden of taking care of the family, especially the two daughters, has fallen on the petitioner’s shoulders and though the petitioner is employed in a Real Estate Company and is getting some rental income from which she is able to manage the day to-day running of the family, she is unable to provide adequately for quality education for the minor daughter.

4. Learned counsel further states that the petitioner has decided to dispose of the schedule property in the interest of her daughters, including the minor Saijayani Anand, and has in fact, identified yet another property to be purchased in the names of all the legal heirs of Anand Ramamurthy, including the minor daughter. Learned counsel therefore states that no serious prejudice would be caused to the interests and the welfare of the minor, if permission is granted to the petitioner to sell the undivided share of the minor Saijayani Anand, the daughter of the petitioner, in the property more fully set out in the schedule to the Original Petition.

5. I have independently gone through the records, including the oral and documentary evidence adduced by the petitioner.

6. The factum of demise of the original owner Anand Ramamurthy has been established by production of his death certificate (Ex.P.5) The relationship between the parties is also established by production of the legal heirship certificate (Ex.P.6). Thus, it is clear that apart from the petitioner and her two daughters, there is none else who is interested in the estate of the deceased Anand Ramamurthy.

7. The petitioner has also fairly disclosed the fact that she is employed with a Real Estate Company and is also getting some rental income and she is able to run the family based on such income. However, according to the petitioner, the income earned by her is not sufficient to provide adequately for the higher education of her daughters, especially the minor daughter Saijayani Anand.

8. A Valuation Report assessing the value of the property at Plot Nos.31A & 31B, Door No.31, Srinivasa Nagar, (Ponniammanmedu), Madhavaram Chennai -600 110 is also filed, which reflects the market value of Rs.1,75,00,000/- (Rupees One Crore Seventy Five Lakhs Only) and the 1/3 share of the minor works out to Rs,58,33,333/-(Rupees Fifty Eight Lakhs Thirty Three Thousand Three Hundred Thirty Three only). The Valuation Report of the Engineer Er.A.Sivakumar has also been filed by the petitioner which reflects the market value as on 20.12.2025 as Rs.1,53,53,000/-(Rupees One Crore Fifty Three lakhs Fifty Three Thousand Only). Thus the request for permission to sell the subject property at Rs.1,75,00,000/- (Rupees One Crore Seventy Five Lakhs Only) is considerably more than the value assessed by a chartered Civil Engineer and registered Valuer.

9. I do not see any harm or prejudice caused to the interest of the minor child. However, it is made clear that insofar as the minor’s share of Rs.58,33,333/-(Rupees Fifty Eight Lakhs Thirty Three Thousand Three

Hundred Thirty Three only) is concerned, the same shall be fully invested in purchase of any immovable property which would be to the advantage of the petitioner as well as her daughters.

10. In view of the above, I am inclined to allow the Original Petition. Accordingly, OP No.97 of 2026 is allowed with the following directions/conditions:-

(i) The petitioner is permitted to represent the minor Saijayani Anand’s 1/3 share and dispose of the property more fully described in the schedule to the Original Petition viz., Plot Nos.31A & 31B, Door No.31, Srinivasa Nagar, (Ponniammanmedu), Madhavaram Chennai -600 110 measuring 2400 sq.ft to any prospective purchaser for not less than a sum of RS.1,75,00,000/-(Rupees One Crore Seventy Five Lakhs Only) on or before 31.01.2027.

(ii) A copy of the sale deed shall be filed into the Registry of this Court along with the proof of deposit of the 1/3 share of the minor viz.,Rs.58,33,333/-(Rupees Fifty Eight Lakhs Thirty Three Thousand Three Hundred Thirty Three only) in interest bearing fixed deposit.

(iii) In the event of the petitioner identifying any suitable property to be purchased, then, the petitioner shall be at liberty to approach this Court seeking directions to apply the sale consideration of Rs.58,33,333/-(Rupees Fifty Eight Lakhs Thirty Three Thousand Three Hundred Thirty Three only) for purchase of an immovable property in the name of the minor either individually or jointly in the name of the petitioner and both the daughters including the minor and obtain suitable orders from this Court at the appropriate time.

(iv) Now, the petitioner is permitted to sell 1/3 undivided share of minor Saijayani Anand for not less than Rs.58,33,333/-(Rupees Fifty Eight Lakhs Thirty Three Thousand Three Hundred Thirty Three only) and such sale shall be effected on or before 31.01.2027.

(v) On such sale being concluded, copy of sale deed along with the fixed deposit receipt evidencing the deposit of minor’s 1/3 share shall be filed before the Registry of this Court within a period of four weeks from the date of the execution of the registration of the sale deed.

(vi) Liberty is granted to the petitioner to seek appropriate directions in future in the event of the petitioner proposing to purchase any other immovable property as already indicated herein above. No costs. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SR To The Sub Assistant Registrar, Original Side, High Court,

P.B.BALAJI, J. SR OP No. 97 of 2026 07.10.2026