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Judgment
O R D E R
This Original Petition has been filed under Sections 3, 7, 8, 9, 10 and 29 of the Guardians and Wards Act, 1890, read with Order XXI Rules 2 and 3 of the Original Side Rules, seeking to appoint the petitioner, Mrs. Veronica Rajakumari, as guardian of the person and property of her minor daughter A. Mary Andrea, and for permission to sell the minor's share in the schedule property and deposit the sale proceeds attributable to the minor in a nationalised bank.
The petitioner married Agastine on 30.01.2006 and out of the wedlock, the minor A. Mary Andrea was born on 30.11.2012. Agastine died intestate on 18.02.2023, leaving behind the petitioner and the minor daughter as his surviving legal heirs. The minor is presently under the care and custody of the petitioner.
The schedule property originally belonged to the minor's paternal grandfather, J. Gabriel, under Sale Deed dated 05.08.1964, Document No.3430 of 1964. Upon the successive deaths in the family, the property is presently shown as held by the respective branches of the legal heirs. According to the petition and the schedule, the deceased Agastine had an undivided 1/4th share, which, on his death, devolved equally upon the petitioner and the minor, and the minor's interest has been valued at Rs.3,75,000/-.
The petitioner states that she has limited means and has been independently meeting the minor's educational, medical and other expenses after the death of her husband. The minor is studying at St. Joseph's Anglo-Indian Higher Secondary School, Perambur. It is stated that the proposed sale is necessary for the welfare and education of the minor. It is stated that one R. Muthu has offered to purchase the entire schedule property for a total consideration of Rs.30,00,000/-. A registered Agreement of Sale dated 21.08.2025, bearing Document No.5253 of 2025, has also been produced.
The valuation report dated 05.02.2026 values the entire extent of 1,054 sq.ft. at Rs.29,00,000/-. Thus, the proposed consideration of Rs.30,00,000/- is not below the value assessed by the valuer. General paper publication was effected in the Tamil daily “Dina Kural” dated 19.06.2026.
The petitioner was examined as P.W.1. The birth certificate of the minor was marked as Ex.P3; the death certificate of Agastine as Ex.P6; the Legal Heirship Certificate of Agastine as Ex.P9; the valuation report as Ex.P11; the Agreement of Sale as Ex.P12; the original Sale Deed dated 05.08.1964 as Ex.P13; and the paper publication as Ex.P14.
Heard the learned counsel for the petitioner and perused the materials available on record.
The welfare of the minor child is the paramount consideration. The petitioner is her mother and her only surviving parent. The child is already under her custody and is being educated by her. There is nothing on record to suggest that she is unfit to have her custody or unable to discharge her duties towards her. In this circumstance the petitioner prayer seeking to appoint the petitioner as the guardian of the minor child is unwarranted .
A word is necessary on the prayer for appointment as guardian of the person. Section 19 of the Guardians and Wards Act, 1890 provides that nothing in that Chapter shall authorise the Court to appoint or declare a guardian of the person of a minor whose father or mother is living and is not, in the opinion of the Court, unfit to be guardian of the person of the minor. Here, the mother of the minor child is alive and is not unfit. In any event, a mother is the guardian of her child, and an order of this Court can add nothing to what the law has already given her.
On consideration of the pleadings and the oral and documentary evidence, this Court is satisfied that the petitioner, being the mother and natural guardian of the minor, is a fit and proper person to be appointed as guardian of the property of the minor share. The proposed sale consideration of Rs.30,00,000/- is above the value reflected in the valuation report. Having regard to the minor's educational requirements and the circumstances placed on record, the proposed transaction is for the welfare and evident advantage of the minor, subject to adequate protection of the minor's share in the sale proceeds.
Accordingly, the Original Petition is disposed of on the following terms:
The petitioner, Mrs. Veronica Rajakumari, is appointed as guardian of the property of the minor A. Mary Andrea.
The petitioner is permitted to join in the sale of the schedule property, including the minor's undivided share, for a total consideration not less than Rs.30,00,000/-.
The amount attributable to the minor's share, namely Rs.3,75,000/- or the proportionately higher amount if the property is sold for a higher consideration, shall be deposited in a Fixed Deposit in a nationalised bank in the name of the minor forthwith after completion of the sale and shall remain so deposited until she attains majority.
The petitioner shall file proof of the sale and of the deposit of the minor's share before the Registry within a period of four weeks from the date of completion of the sale. No costs.