V. Veeralakshmi vs No Respondent

This Original Petition has been filed under Section 8(2) of the Hindu Minority and Guardianship Act, 1956, by V. Veeralakshmi, mother and natural guardian of minor K. Sarvajith, seeking permission to sell the minor's 1/12 undivided share in the Schedule mentioned property and to deposit the minor's share of the sale proceeds in a Nationalised Bank.

The petitioner is the widow of late R. Kamalesh, who died intestate on 01.02.2019. Their son, K. Sarvajith, was born on 07.10.2017 and is presently a minor. The Schedule property originally belonged to Rajeswaran, father of the petitioner's husband, who had acquired the property under the Sale Deeds dated 25.06.1981 and 20.12.1989. Rajeswaran died intestate on 18.06.1996 leaving his wife R. Sivarani, sons R. Kamalesh and R. Mukesh, and daughter R. Arthi as his legal heirs.

On the death of R. Kamalesh, his 1/4 share devolved upon his mother R.Sivarani, his widow, the petitioner herein, and his minor son K. Sarvajith. Consequently, the petitioner and the minor are each entitled to 1/12 undivided share in the Schedule property. The petitioner states that she has no independent source of income and that the sale is required for the minor's education, maintenance and other necessities.

The petitioner, along with the other co-sharers, has entered into an Agreement of Sale dated 11.10.2025 with P. Loganathan and R. Divya for sale of the property for a total consideration of Rs.1,60,00,000/-. On the said consideration, the minor's 1/12 share is stated to be Rs.13,33,333/-. The petitioner has undertaken to deposit the minor's share of the sale proceeds in a Nationalised Bank. The proposed purchaser P. Loganathan has also filed an affidavit confirming the agreement for a consideration of Rs.1,60,00,000/- and stating that the proposed sale is by the petitioner and the other co-sharers.

In support of the petition, the petitioner was examined as P.W.1 on 28.08.2026 and Exs.P1 to P13 were marked. Exs.P1 and P2 are the title deeds; Exs.P3 and P8 are the legal heirship certificates; Ex.P4 is the death certificate of R. Kamalesh; Ex.P5 is the minor's birth certificate; Ex.P9 is his school record; Ex.P10 is the Agreement of Sale dated 11.10.2025; and Exs.P11 and P12 are the paper publications effected in the Tamil daily “Dina Kural” and English daily “Southern Mail” respectively on 25.06.2026.

In the present case, having regard to the circumstances placed on record, the proposed sale is intended to secure funds for the minor's education, maintenance and future welfare. The minor's interest can adequately be protected by directing that the entire consideration attributable to his share be secured in a fixed deposit until he attains majority.

Accordingly, the petitioner, V. Veeralakshmi, as mother and natural guardian of minor K. Sarvajith, is permitted to join the other co-sharers and execute the sale in respect of the minor's 1/12 undivided share in the Schedule mentioned property, pursuant to the Agreement of Sale dated 11.10.2025, for a total sale consideration not less than Rs.1,60,00,000/- for the entire property.

The petitioner shall ensure that the entire amount representing the minor's 1/12 share in the actual sale consideration, being not less than Rs.13,33,333/-, is deposited immediately after completion of the sale in a fixed deposit in the name of the minor K. Sarvajith in any Nationalised Bank, to remain so deposited until he attains majority. The principal amount shall not be withdrawn, pledged, encumbered or prematurely closed without the prior permission of this Court. The petitioner is, however, permitted to utilise the periodical interest accruing on the deposit for the education, maintenance and welfare of the minor.

The petitioner shall file before the Registry proof of the sale and proof of the fixed deposit within four weeks from the date of completion of the sale.

The Original Petition is allowed in the above terms. No costs.

P.W.1 – V. Veeralakshmi