IN THE COURT OF MS.

SHRIYA AGRAWAL JSCC-CUM

ADDL. SCJ-CUM- GUARDIAN JUDGE, SOUTH EAST
SAKET DISTRICT COURTS, NEW DELHI
G.P. NO.-05 OF THE YEAR 2022
IN THE MATTER OF:-
MS. SHEILA SINGH & ANR
(THROUGH HER GENERAL POWER OF ATTORNEY MR.
MANAGOBINDA DALAI)
...... APPLICANTS/PETITIONERS
VERSUS
THE STATE, GOVT. OF NCT OF DELHI
THROUGH
CHIEF SECRETARY, DELHI SECRETARIAT
IP ESTATE, NEW DELHI …RESPONDENT

APPLICATION UNDER ORDER 6 RULE 17 READ WITH SECTION

151 CPC ON BEHALF OF PETITIONER FOR AMENDMENT IN
PARA 3

MOST RESPECTFULLY SHOWETH:

1. The present petition is under section 7 and 31 of the

Guardians and wards Act, 1890 for grant of appointment of

guardian and permission to sell/collaboration with builder

of the property of minor Master Vyom Singh son of Late sh.

 Vinod Kumar is fixed for consideration on

02/12/2022.

2. That due to inadvertent error some facts which have been

left by the counsel in compliance of Section 10 of the

guardianship and wards Act. Hence the petitioner wants to

amend paras 3 of the plaint.

3. In view of the said eventually the petitioner craves leave

from this Hon’ble court for amendment in the original plaint

in paras 3 which is in italics and bold may be read now as

extension of original para 3.

“1. That master vyom singh is minor son of late Sh.

Vinod Kumar is aged about 16 years whose date of

birth 07/12/2006 and the petitioner is real mother and

natural guardian of the minor. The true copy of the

birth certificate and Aadhar card of Master Vyom

Singh are being Annexed as Annexure P-1 & P-2”

2. That the petitioner is mother and natural guardian

of said minor child as the father of the minor has

already been expired on 08/05/2019 and the petitioner

is not able to look after the all the needs such as

tuition fee, school fee and other things etc. And not

able to maintain her two children due to increase in

prices of everything and as the aforesaid property is

an old deteriorated and debilitated property and in

order to reconstruct the said property it is necessary to

sell a portion of the said property and invest the sale

consideration to reconstruct and redevelop the said

property so that she can fetch some rent from the

same. The photocopy of the death certificate of Late

Mr. Vinod Kumar is annexed herewith as Annexure- P3

3.That property as mentioned in para No.3 of this

petition is a valuable property approximately

Rs............ and at present the said property is being

offered new constructed floor by the builder and the

floor which the builder will be taking after new

construction is valued approximately Rs................and

the petitioner being devoid of any sources of income

and for reasons as mentioned in Para No.3 seeks

 permission from this Hon’ble court to

transfer/alienate/sell/collaboration the share of the

minor and undertakes that she will utilize the said

sale consideration /proceeds if any for the proper

education, good food, shelter, and comfortable living

and betterment of the minor and maintain the same

and as well as she will ensure that the future

prospects of the minor are safe and secured.”

4. That as the matter is at the initial stage and the proposed

amendments will not cause any prejudice to any of the parties.

PRAYER

In view of the above said facts and circumstances, this

Hon’ble court may kindly be pleased to allow the above said

amendment in the interest of justice.

Any other and further order which this Hon’ble court may deem fit

may also be passed in favour of petitioner.

PETITIONER
 THROUGH HER SPECIAL POWER OF ATTORNEY

DELHI THROUGH

DATED: .12.2022 COUNSEL

AMIT V AWASTHI

ADVOCATES FOR THE PETITONER

D-36, BASEMENT, PAMPOSH ENCLAVE

GREATER KAISLASH-1

NEW DELHI-110048

IN THE COURT OF MS. SHRIYA AGRAWAL JSCC-CUM ADDL.

SCJ-CUM- GUARDIAN JUDGE, SOUTH EAST SAKET DISTRICT
COURTS, NEW DELHI
G.P. NO.-05 OF THE YEAR 2022
IN THE MATTER OF:-
Ms. Sheila Singh & Anr ......
Applicants/petitioners
VERSUS
The State, Govt. of NCT of DELHI
Through
CHIEF SECRETARY, DELHI SECRETARIAT
IP ESTATE, NEW DELHI …Respondent

AFFIDAVIT
I, Managobinda Dalai S/o Shri Brahmanand Dalai, residing at Plot
No. 2554/38, Bank Colony, Govindeswar Road, Bhubhneshwar,
Khorda, Odisha – 510002, presently at New Delhi, do hereby
solemnly affirm and declare as below:

1. That I am the duly authorized Special Power of Attorney holder

on behalf of the applicant vide the Special Power of Attorney

Holder dated 06.10.2021 executed by the Petitioner in favor of

the deponent and hence competent to swear and depose this

Affidavit.

2. That I have read and understood the entire contents of the

accompanying application on behalf of the applicant seeking

appointment of legal guardian of minor which has been drafted

by my counsel under my instructions which I believe that that

the contents of the same are true and correct to the best of my

knowledge and belief and, nothing material has been concealed

therefrom and the contents of the same are not repeated herein

for the sake of brevity.

DEPONENT
VERIFICATION:

I, the above named Deponent, do hereby verify that the contents of

my above affidavit are true and correct to the best of my knowledge

as per the records available and no part of it is false and nothing

material has been concealed there from.

Verified at Delhi on this ____ day of ……., 2022.

IN THE COURT OF MS. SHRIYA AGRAWAL JSCC-CUM ADDL.

SCJ-CUM- GUARDIAN JUDGE, SOUTH EAST SAKET DISTRICT
COURTS, NEW DELHI
G.P. NO.-05 OF THE YEAR 2022
IN THE MATTER OF:-
Ms. Sheila Singh & Anr ......
Applicants/petitioners
VERSUS
The State, Govt. of NCT of DELHI
Through
CHIEF SECRETARY, DELHI SECRETARIAT
IP ESTATE, NEW DELHI …Respondent

AFFIDAVIT/DECLARATION IN COMPLIANCE OF SECTION 10(3)

OF THE GUARDIANS AND WARDS ACT, 1890
I, Managobinda Dalai S/o Shri Brahmanand Dalai, residing at Plot
No. 2554/38, Bank Colony, Govindeswar Road, Bhubhneshwar,
Khorda, Odisha – 510002, presently at New Delhi, do hereby
solemnly affirm and declare as below:

3. That I am the duly authorized Special Power of Attorney holder

on behalf of the Petitioner vide the Special Power of Attorney

Holder dated 06.10.2021 executed by the Petitioner in favor of

the deponent and hence competent to swear and depose this

Affidavit.

4. That i being the special power of attorney, i states that the

petitioner No. 1 is willing to act as a guardian of her minor son

namely Master Vyom Singh s/o Late Sh. Vinod Singh.

5. That I have read and understood the entire contents of the

accompanying petition on behalf of the Petitioner seeking

appointment of legal guardian of minor which has been drafted

by my counsel under my instructions which I believe that that

the contents of the same are true and correct to the best of my

knowledge and belief and, nothing material has been concealed

 therefrom and the contents of the same are not repeated herein

for the sake of brevity.

DEPONENT
VERIFICATION:

I, the above named Deponent, do hereby verify that the contents of

my above affidavit are true and correct to the best of my knowledge

as per the records available and no part of it is false and nothing

material has been concealed there from.

Verified at Delhi on this ____ day of ……., 2022.

DEPONENT
WITNESSES:-
 AMENDED PETITION
IN THE COURT OF MS. SHRIYA AGRAWAL JSCC-CUM
ADDL. SCJ-CUM- GUARDIAN JUDGE, SOUTH EAST
SAKET DISTRICT COURTS, NEW DELHI
G.P. NO.-05 OF THE YEAR 2022
IN THE MATTER OF:-
MS. SHEILA SINGH & ANR
(THROUGH HER GENERAL POWER OF ATTORNEY MR.
MANAGOBINDA DALAI) ...... APPLICANTS/PETITIONERS
VERSUS
THE STATE, GOVT. OF NCT OF DELHI
THROUGH
CHIEF SECRETARY, DELHI SECRETARIAT
IP ESTATE, NEW DELHI …RESPONDENT

AMEMDED PETITION UNDER SECTION 7 AND 31 OF THE

GUARDIANS AND WARDS ACT,1890 FOR GRANT OF
APPOINTMENT OF GUARDIAN AND PERMISSION TO
SELL/COLABORATION WITYH BUILDER OF THE PROPERTY OF
MINOR MASTER VYOM SINGH SON OF LATE SH. VINOD SINGH
MOT RESPECTFULLY SHOWETH
1. That the present Petition is being filed by the Petitioner No. 1

through her Attorney Sh. Managobinda Dalai S/o Sh.

Brahmananda Dalai who has been duly appointed Attorney of

the Petitioner No. 1 vide the Special Power of Attorney dated

06.10.2021 executed by Petitioner No. 1. That the Petitioner

No. 1 is the natural/biological mother/guardian of Petitioner

No. 2 namely Master Vyom Singh S/o Late Sh. Binod Kumar,

a minor of about 16 years old as on September, 2022.

2. That the Petitioner No. 1 and 2 are Hindus by religion and

they both are residing abroad at 9, Hadrain Way, Chilworth

Southampton, Hampshire, United Kingdom. It is submitted

that the date of birth of Petitioner No. 2 is 07.12.2006.

3. That the Petitioner No. 2 alongwith his sister namely Ms.

Trisha Singh, daughter of Late Sh. Binod Kumar are the joint

owners (co-owners) of the property bearing no. B-449, New

Friends Colony, New Delhi–110025, by virtue of a Sale Deed

dated 24.12.2010, duly registered as Document No. 22611, in

Book No. I, Volume No. 10800, on Pages 173 to 188, on

 24.12.2010, in the office of the Sub-Registrar-V, New Delhi

(said property). That property as mentioned in this petition is

a valuable property approximately Rs............ and at present

the said property is being offered new constructed floor by the

builder and the floor which the builder will be taking after new

construction is valued approximately Rs................and the

petitioner being devoid of any sources of income and for

reasons as mentioned in Para No.3 seeks permission from this

Hon’ble court to transfer/alienate/sell/collaboration the share

of the minor and undertakes that she will utilize the said sale

consideration /proceeds if any for the proper education, good

food, shelter, and comfortable living and betterment of the

minor and maintain the same and as well as she will ensure

that the future prospects of the minor are safe and secured.”

4. The aforesaid property is an old deteriorated and debilitated

property and in order to reconstruct the said property it is

necessary to sell a portion of the said property and invest the

sale consideration to reconstruct and redevelop the said

property.
5. That the Petitioner No. 1 is the natural Guardian of her only

son Master Vyom Singh and the Petitioner No. 2 have no other

close relations except the Petitioner No. 1 and that no

application for appointment of Guardian of his person and

property has been made in any court nor any guardian has ever

been appointed under any will or otherwise.

6. It is hereby humbly submitted that the Petitioner No. 2 is also

at present in the custody of the Petitioner No. 1 who is looking

after his maintenance, education, welfare and the properties.

The interest of the Petitioner No. 2 is not adverse to that of the

Petitioner No. 1 who is his natural biological mother.

7. It is stated that the father of the Petitioner No. 2, Late Sh.

Binod Kumar unfortunately expired on 08.05.2021 and since

then the Petitioner No. 1, being his mother and natural

guardian is taking care of the of the minor Petitioner No. 2.

The Petitioner No. 1 is a housewife and there is nobody else to

look after the Petitioner No. 1 and his minor son and therefore
 in order to meet out various expenses such as education,

health, clothing, fooding, daily needs & various other future

requirements etc., it is necessary that the Petitioner No. 1

being the natural guardian of Petitioner No. 2 granted

permission to sell/transfer and execute all the necessary

documents, affidavits etc. required for sell and transfer a

portion of the said property. That there is no any impediment

for granting permission to sale the property of minor.

8. It is most respectfully submitted here that the sale of a portion

of the aforesaid property of the Petitioner No. 2 is necessitated

for the betterment and in the bonafide interest of Petitioner No.

2 and his education and better future prospective. From the

income point of view also, the minor Petitioner No. 2 is likely to

earn more on a newly constructed property than what he is

getting at present.

9. The Petitioner No. 1 further submits that under the

circumstances as stipulated in the preceding paragraphs it is

respectfully prayed that the Petitioner No. 1 may please be

 granted permission to sell and transfer a portion of the said

property in which Petitioner No. 2 is the owner of the half

undivided share.

10. That this Hon’ble Court has territorial Jurisdiction to try and

adjudicate upon the present Application as the said property is

situated in the jurisdiction of this Hon’ble Court and hence, the

cause of action to file the present suit arouse before this

Hon’ble Court as per the mandate of Section 9(2) of the Hindu

Minority and Guardianship Act, 1956.

PRAYER

In view of the aforesaid facts and circumstances, it is respectfully

prayed that this Hon’ble Court may be pleased to –

(i) To grant necessary permission in favour of the Petitioner

No. 1 being the natural guardian of her minor son

Petitioner No. 2, to Sale/transfer/ and execute all the

necessary documents, affidavits etc. required with

 respect to transfer/sale of a portion of the said property

on such terms and conditions which this Hon’ble court

deems fit and proper in the interest of minor.

(ii) To pass such further order(s) as this Hon’ble Court may

deem fit and proper in the interest of justice.

PETITIONER NO. 1

Through

Dated: Amit V. Awasthi

Advocate for the Petitioner
D-36, Pamposh Enclave, New Delhi – 110048
Mob. No. +91- 9891317238
Place: New Delhi Email ID:
amitvawasthi@gmail.com

VERIFICATION:

Verified at ________ on this ___ day of ________, 2022 that I, the

deponent, have read the entire contents of the above petition filed
on behalf of the Petitioner which has been drafted by our counsel
under my instructions, and I believe the same be true and correct
to the best of my knowledge and belief and, no part of it is false and
nothing material has been concealed therefrom.
 PETITIONER NO. 1

IN THE COURT OF MS. SHRIYA AGRAWAL JSCC-CUM ADDL.

SCJ-CUM- GUARDIAN JUDGE, SOUTH EAST SAKET DISTRICT
COURTS, NEW DELHI
G.P. NO.-05 OF THE YEAR 2022
IN THE MATTER OF:-
Ms. Sheila Singh & Anr ......
Applicants/petitioners
VERSUS
The State, Govt. of NCT of DELHI
Through
CHIEF SECRETARY, DELHI SECRETARIAT
IP ESTATE, NEW DELHI …Respondent

AFFIDAVIT

I, Managobinda Dalai S/o Shri Brahmanand Dalai, residing at Plot

No. 2554/38, Bank Colony, Govindeswar Road, Bhubhneshwar,
Khorda, Odisha – 510002, presently at New Delhi, do hereby
solemnly affirm and declare as below:

6. That I am the duly authorized Special Power of Attorney holder

on behalf of the applicant petitioner the Special Power of

 Attorney Holder dated 06.10.2021 executed by the Petitioner in

favor of the deponent and hence competent to swear and

depose this Affidavit.

7. That I have read and understood the entire contents of the

accompanying petition on behalf of the petitioner seeking

appointment of legal guardian of minor which has been drafted

by my counsel under my instructions which I believe that that

the contents of the same are true and correct to the best of my

knowledge and belief and, nothing material has been concealed

therefrom and the contents of the same are not repeated herein

for the sake of brevity.

DEPONENT
VERIFICATION:

I, the above named Deponent, do hereby verify that the contents of

my above affidavit are true and correct to the best of my knowledge

as per the records available and no part of it is false and nothing

material has been concealed there from.

Verified at Delhi on this ____ day of ……., 2022.