Pbgda00007342021 22 2022-11-21

Gurwinder Kaur Vs. General Public .
1 Vineeta Luthra, PCS,

GW-02-2021 ACJ/SD/Batala/UIDPB0349
PBGDA00007342021
Presented on : 26-05-2021
Registered on : 26-05-2021
Decided on : 21-11-2022
Duration : 1 years, 5 months, 26 days
IN THE COURT OF
Additional Civil Judge (Senior Division) AT Batala,Gurdaspur
Presided Over by Ms.Vineeta Luthra
GW/2/2021
CIS No. GW-2-2021

CNR No. PBGDA00007342021
Date of registration 26.05.2021
Date of Decision 21.11.2022
Gurwinder Kaur w/o Jagjit Singh, r/o Ghoge Wali Gali, Ajit Nagar, Aliwal
Road, Batala, District Gurdaspur.
…. Applicant.
Versus
General Public.
…. Respondent.
Petition under Section 8 of Hindu Minority and Guardianship
Act, 32 of 1956 for permission to Sell the property mentioned
in the Schedule given below owned and possessed by the minor
Prabhjeet Singh s/o Jagjit Singh r/o 593, Gali Ghoge Wali, Ajit
Nagar, Aliwal Road, Batala District Gurdaspur.
Schedule:
Gurwinder Kaur Vs. General Public . 2 Vineeta Luthra, PCS,
2/3 share of the property/House measuring 2-1/4 Marlas approx
with measurement East – West 13 ft. 9 Inch each, North-South
by 48 ft.10 Inch, Karam = 5-1/2 ft. marked as ABCD as shown
in the site plan annexed with the plaint and bounded on East by
Gali 8 ft. wide, on West by vacant land, on North by Balwant
Singh, on South by Milkha Singh, which is part and parcel of
Khasra Number 342 as mentioned in the copy of the jamabandi
for the year 2013-14 and as situated at village Faizpura, Tehsil
Batala District Gurdaspur.
Present: Sh. G.S.Boparai, Advocate counsel for the applicant..

Respondent ex-parte vide order dated 17.09.2021.
ORDER
1. This judgment shall dispose of a petition filed under Section 8 of
Hindu Minority and Guardianship Act, 32 of 1956 for permission to sell the
property mentioned in the Schedule given in the head note, owned and
possessed by the minor Prabhjeet Singh s/o Jagjit Singh r/o 593, Gali
Ghoge Wali, Ajit Nagar, Aliwal Road, Batala District Gurdaspur.
Succinctly, the facts as averred by applicant are that marriage
of the applicant was solemnized with Jagjit Singh s/o Joginder Singh s/o
Puran Singh r/o Ajit Nagar, Aliwal Road, Batala District Gurdaspur and out
of the said wedlock, one male child namely Prabhjeet Singh was born on
25.09.2005 and the said Prabhjeet Singh is minor. It is averred that Jagjit
Singh purchased the property measuring 2-1/4 Marlas from Sarup Singh s/o
Inder Singh r/o Batala vide registered sale deed dated 20.03.2009 and Jagjit
Singh had become the absolute owner in possession over the entire
property. It is averred that said Jagjit Singh expired on 08.11.2013 and after
the death of Jagjit Singh, his estate was inherited by Gurwider Kaur as his
wife, Prabhjeet Singh as his son and Gurdeep Kaur as his mother on the
basis of natural inheritance in equal share i.e. 1/3 share each and mutation
was sanctioned in this respect in the revenue record. It is averred that said
Gurdeep kaur during her life time and in her sound disposing state of mind
had executed a registered Will dated 13.02.2014 regarding her share in the
entire property in favour of the minor Prabhjeet Singh and the said Gurdeep
Kaur had expired on 24.10.2018 and after the death of said Gurdeep Kaur,
her share i.e. 1/3 share from the entire property/house was inherited by
Prabhjeet Singh and the mutation no.14740 was also sanctioned in favour of
said Prabhjeet Singh in the revenue record and the said minor Prabhjeet
Singh thus became the co-sharer/co-owner in possession to the extent of 2/3
share in the entire house. It is averred that now the applicant wants to sell
her share alongwith the share of the minor Prabhjeet Singh out of the entire
property in dispute and the applicant is the real mother of the minor and is
not in a position to look after the said property. It is averred that applicant is
the real mother and the natural guardian of the minor Prabhjeet Singh and is
incurring all the expenses for the study of the minor and upbringing of the
minor. It is averred that the applicant wants to sell the property of the minor
Prabhjeet Singh and will not mis-utlise the amount for any other purpose
and has got no adverse interest against the minor. It is averred that the
applicant will deposit the sale consideration in the name of the said minor in
any scheduled bank and will withdraw the interest which will be accrued on
the sale consideration for the welfare of the minor or will purchase new
property in the name of the minor and will not misuse the same and
applicant will withdraw the interest from the bank against amount which
will be deposited by the applicant in the bank in the name of the minor
Prabhjeet Singh for the welfare and use for the minor Prabhjeet Singh.
Hence, the present petition.
2. Notice of the application was given to the respondent i.e. General
Public through publication in newspaper but no one appeared on behalf of
respondent i.e. General Public despite publication and the respondent was
proceeded against ex-parte by the Court of undersigned vide order dated
17.09.2021.
3. In order to prove her case, the applicant Gurwinder Kaur,
herself stepped into the witness box as AW1 and deposed in consonance
with her pleadings vide her duly sworn affidavit Ex.AW1/A. The applicant
further tendered into evidence copy of site plan Ex.P1, jamabandi Ex.P2,
‘sale deed’ dated 20.03.2009 Ex.P3, birth certificate of Prabhjeet Singh
Ex.P4, fard haqiat Ex.P5 and ‘Will’ dated 13.02.2014 Ex.P6. Thereafter, the
applicant got examined Jaswant Singh as AW-2 who entered into the
witness box and deposed on the lines of the averments as were mentioned
by the applicant in her application vide his duly sworn affidavit Ex.AW2/A.
Thereafter, applicant Gurwinder Kaur closed her exparte evidence vide
separate statement dated 12.10.2022.
I have heard the contentions of the learned counsel for both the
parties and have perused the judicial record very, carefully.
In the present application, applicant averred that marriage of
the applicant was solemnized with Jagjit Singh s/o Joginder Singh s/o Puran
Singh r/o Ajit Nagar, Aliwal Road, Batala District Gurdaspur and out of the
said wedlock, one male child namely Prabhjeet Singh was born on
25.09.2005 and the said Prabhjeet Singh is minor. It is averred that Jagjit
Singh purchased the property measuring 2-1/4 Marlas from Sarup Singh s/o
Inder Singh r/o Batala vide registered sale deed dated 20.03.2009 and Jagjit
Singh had become the absolute owner in possession over the entire
property. It is averred that said Jagjit Singh expired on 08.11.2013 and after
the death of Jagjit Singh, his estate was inherited by Gurwinder Kaur as his
wife, Prabhjeet Singh as his son and Gurdeep Kaur as his mother on the
basis of natural inheritance in equal share i.e. 1/3 share each and mutation
was sanctioned in this respect in the revenue record. It is averred that said
Gurdeep kaur during her life time and in her sound disposing state of mind
had executed a registered Will dated 13.02.2014 regarding her share in the
entire property in favour of the minor Prabhjeet Singh and the said Gurdeep
Kaur had expired on 24.10.2018 and after the death of said Gurdeep Kaur,
her share i.e. 1/3 share from the entire property/house was inherited by
Prabhjeet Singh and the mutation no.14740 was also sanctioned in favour of
said Prabhjeet Singh in the revenue record and the said minor Prabhjeet
Singh thus became the co-sharer/co-owner in possession to the extent of 2/3
share in the entire house. It is averred that now the applicant wants to sell
her share alongwith the share of the minor Prabhjeet Singh out of the entire
property in dispute and the applicant is the real mother of the minor and is
not in a position to look after the said property. It is averred that applicant is
the real mother and the natural guardian of the minor Prabhjeet Singh and is
incurring all the expenses for the study of the minor and upbringing of the
minor. It is averred that the applicant wants to sell the property of the minor
Prabhjeet Singh and will not mis-utlise the amount for any other purpose
and has got no adverse interest against the minor. It is averred that the
applicant will deposit the sale consideration in the name of the said minor in
any scheduled bank and will withdraw the interest which will be accrued on
the sale consideration for the welfare of the minor or will purchase new
property in the name of the minor and will not misuse the same and
applicant will withdraw the interest from the bank against amount which
will be deposited by the applicant in the bank in the name of the minor
Prabhjeet Singh for the welfare and use for the minor Prabhjeet Singh.
4. Version of applicant on record is unrebutted and unchallenged
and there seems no sound reason to discard the same. Application seeking
permission for sale of land is allowed, subject to the following conditions:-
a) That sale shall not be made below the Collector
rate, in any manner.
b) That all the transactions should be made
through bank transaction only and sale
proceedings should be paid only through bank
draft/cheque in the name of minor.
c) That all the sale proceeds should be deposited
in the name of minor in any nationalized bank and
same should not be withdrawn till the majority of
minor. Proceeds can be used with the permission
of the Court for purchase of another property.
However, interest amount accruing on this amount

can got withdrawn from the bank by the mother
till majority of the child for betterment and studies
of the child. If at any point of time, question
arises, whether that amount is properly utilized,
onus shall be upon the applicant to account for
that amount. So, she is directed to keep full
account every time for the amount so spent.
d) That before alienation is made,
applicant/mother shall furnish the gurantee of
Rs.1,00,000/- to the Court, thereby undertaking
that in case, minor Prabhjeet Singh or his property
or State Agency suffers any loss due to act of
applicant, she will indemnify the same.
e) That the permission shall be valid for one year
from the passing of order.
5. In view of the above discussion, it is held that Jagjit Singh i.e.
the father of the minor child namely Prabhjeet Singh died on 08.11.2013.
The applicant is the real mother of the minor and is bearing expenses for his
education, daily necessities and well being and has no interest adverse to the
minor Prabhjeet Singh. Therefore, it is for the betterment and welfare of the
minor child namely Prabhjeet Singh, the present petition stands allowed to
the effect that petitioner Gurwinder Kaur is allowed to sell the property
mentioned in the schedule given in the head note, owned and possessed by
the minor Prabhjeet Singh s/o Jagjit Singh r/o 593, Gali Ghoge Wali, Ajit
Nagar, Aliwal Road, Batala District Gurdaspur jointly with his mother and
sale consideration of the same shall be deposited in any Nationalized Bank
in the name of minor Prabhjeet Singh as prayed by the applicant, in the
form of ‘FDR’ and the applicant shall withdraw the interest of the said sale
consideration for the welfare of the minor or to purchase new property in
the name of minor Prabhjeet Singh, and for no other reason. The party is
left to bear its own costs. File be consigned to the Record Room, Batala
after due compliance.
Pronounced in open Court. (Vineeta Luthra),PCS,

Dated: 21.11.2022 Addl. Civil Judge (Senior Division),
Nitesh Kumar, Stenographer-II Batala (UID No.PB0349).
This order contains 1 to 9 pages and all the pages has been checked and
signed by me.
(Vineeta Luthra),PCS,
Addl. Civil Judge (Senior Division),
Batala (UID No.PB0349).
Dictated on : 21.11.2022
Transcribed on : 21.11.2022
checked on : 21.11.2022
Signed on : 21.11.2022

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Gurwinder Kaur Vs. General Public .

1 Vineeta Luthra, PCS,

CIS No. GW-2-2021

Road, Batala, District Gurdaspur.

Petition under Section 8 of Hindu Minority and Guardianship

Act, 32 of 1956 for permission to Sell the property mentioned

in the Schedule given below owned and possessed by the minor

Nagar, Aliwal Road, Batala District Gurdaspur.

2/3 share of the property/House measuring 2-1/4 Marlas approx

with measurement East – West 13 ft. 9 Inch each, North-South

by 48 ft.10 Inch, Karam = 5-1/2 ft. marked as ABCD as shown

Gali 8 ft. wide, on West by vacant land, on North by Balwant

Singh, on South by Milkha Singh, which is part and parcel of

Khasra Number 342 as mentioned in the copy of the jamabandi

for the year 2013-14 and as situated at village Faizpura, Tehsil

Batala District Gurdaspur.

Present: Sh. G.S.Boparai, Advocate counsel for the applicant..

Ghoge Wali, Ajit Nagar, Aliwal Road, Batala District Gurdaspur.

Succinctly, the facts as averred by applicant are that marriage

Singh thus became the co-sharer/co-owner in possession to the extent of 2/3

Hence, the present petition.

2. Notice of the application was given to the respondent i.e. General

Public through publication in newspaper but no one appeared on behalf of

proceeded against ex-parte by the Court of undersigned vide order dated

3. In order to prove her case, the applicant Gurwinder Kaur,

‘sale deed’ dated 20.03.2009 Ex.P3, birth certificate of Prabhjeet Singh

Thereafter, applicant Gurwinder Kaur closed her exparte evidence vide

separate statement dated 12.10.2022.

parties and have perused the judicial record very, carefully.

In the present application, applicant averred that marriage of

Singh thus became the co-sharer/co-owner in possession to the extent of 2/3

4. Version of applicant on record is unrebutted and unchallenged

permission for sale of land is allowed, subject to the following conditions:-

a) That sale shall not be made below the Collector

rate, in any manner.

b) That all the transactions should be made

through bank transaction only and sale

proceedings should be paid only through bank

draft/cheque in the name of minor.

c) That all the sale proceeds should be deposited

in the name of minor in any nationalized bank and

same should not be withdrawn till the majority of

minor. Proceeds can be used with the permission

of the Court for purchase of another property.

However, interest amount accruing on this amount

can got withdrawn from the bank by the mother

till majority of the child for betterment and studies

of the child. If at any point of time, question

arises, whether that amount is properly utilized,

onus shall be upon the applicant to account for

that amount. So, she is directed to keep full

account every time for the amount so spent.

d) That before alienation is made,

applicant/mother shall furnish the gurantee of

Rs.1,00,000/- to the Court, thereby undertaking

that in case, minor Prabhjeet Singh or his property

or State Agency suffers any loss due to act of

applicant, she will indemnify the same.

e) That the permission shall be valid for one year

from the passing of order.

5. In view of the above discussion, it is held that Jagjit Singh i.e.

sale consideration of the same shall be deposited in any Nationalized Bank

in the name of minor Prabhjeet Singh as prayed by the applicant, in the