Court allows woman to sell house co-owned by children
30 Oct 2012 2:40 AM GMT
A woman facing financial crisis after death of her husband has been allowed by a Delhi court to sell her house here, co-owned by herself and her kids.
Additional District Judge Alok Agarwal granted permission to the woman to sell the house, purchased jointly in her and her two kids’ names, after she said she would purchase another property in Vadodara in Gujarat.
The court also asked her to buy the Vadodara property in her and her children’s names.
‘In these circumstances, the petition is allowed and petitioner (mother) is hereby granted permission to sell the property... for a consideration not less than Rs 20,00,000.
‘The permission is granted with a further condition that the property being purchased by the petitioner at Vadodara would be purchased in joint names of the petitioner and the two minor children...,’ the court said.
The woman, a resident of Janakpuri here, had moved the court for its permission to sell the house saying that she, along with her minor son and daughter, had purchased it from the Delhi Development Authority (DDA) in 2006.
She said she has purchased another flat in Vadodara in Gujarat for the welfare of her minor children but as she is facing financial crisis after her husband’s death, she wants to sell her property here.
The money received by selling the house here will be used to make payment of the already purchased house in Vadodara, she said, adding that she will also buy another property there in her and her children’s names. During adjudication of the woman’s plea, a notice was also published in a newspaper but no objection to her plea was received. The court, while allowing her plea, considered that being the mother of the two children, she has no ‘interest adverse’ to the interest of minors.
‘...I am satisfied on the basis of the documents placed on record and evidence adduced that petitioner (mother) has been constrained to file the present petition for permission to sell the share of minor in the property...because of extreme hardship and necessity ordained on her by her husband’s death,’ the judge said.
The court added that the permission for sale of property is also in the interest of minors and for their betterment.
Additional District Judge Alok Agarwal granted permission to the woman to sell the house, purchased jointly in her and her two kids’ names, after she said she would purchase another property in Vadodara in Gujarat.
The court also asked her to buy the Vadodara property in her and her children’s names.
‘In these circumstances, the petition is allowed and petitioner (mother) is hereby granted permission to sell the property... for a consideration not less than Rs 20,00,000.
‘The permission is granted with a further condition that the property being purchased by the petitioner at Vadodara would be purchased in joint names of the petitioner and the two minor children...,’ the court said.
The woman, a resident of Janakpuri here, had moved the court for its permission to sell the house saying that she, along with her minor son and daughter, had purchased it from the Delhi Development Authority (DDA) in 2006.
She said she has purchased another flat in Vadodara in Gujarat for the welfare of her minor children but as she is facing financial crisis after her husband’s death, she wants to sell her property here.
The money received by selling the house here will be used to make payment of the already purchased house in Vadodara, she said, adding that she will also buy another property there in her and her children’s names. During adjudication of the woman’s plea, a notice was also published in a newspaper but no objection to her plea was received. The court, while allowing her plea, considered that being the mother of the two children, she has no ‘interest adverse’ to the interest of minors.
‘...I am satisfied on the basis of the documents placed on record and evidence adduced that petitioner (mother) has been constrained to file the present petition for permission to sell the share of minor in the property...because of extreme hardship and necessity ordained on her by her husband’s death,’ the judge said.
The court added that the permission for sale of property is also in the interest of minors and for their betterment.
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