Ghaziabad Court Grants Conditional Permission for Property Sale to Fund Children's Education
In a significant ruling that balances property rights with children's welfare, a district court in Ghaziabad has permitted a mother to sell a portion of a residential property inherited by her minor sons to meet their educational expenses. The court's decision came after careful consideration of the family's financial circumstances and the urgent need to secure the children's academic future.
Court's Conditional Approval Under Guardians and Wards Act
District Judge Vinod Singh Rawat heard the matter under the provisions of the Guardians and Wards Act and granted conditional permission for the sale of two-thirds of the property. The court established specific safeguards to ensure that the minors' financial interests remain protected throughout the process.
The court directed that the entire proceeds from the minors' share of the property sale must be deposited in a fixed deposit scheme at a nationalized bank in the children's names. These funds will remain inaccessible until the children reach the age of majority at 18 years, ensuring that the money is preserved specifically for their educational needs.
Family Circumstances and Financial Hardship
The applicant, Anjana Kumari, approached the court seeking permission to sell the property located in Dilshad Extension II. She explained that her husband, Anil Kumar, had purchased the house on September 12, 2012, but tragically died in an accident on March 1, 2018. Following his death, the entire financial responsibility for the family fell upon Kumari alone.
Kumari stated that she serves as the natural and legal guardian of her two sons, Harshit and Yojit. After her husband's passing, both children became co-heirs to the property along with their mother. Harshit is currently studying in Class VI while Yojit is in Class III, both attending DAV Public School in Rajendra Nagar.
Educational Expenses and Urgent Need for Funds
The court noted that the children's education involves significant expenditure that Kumari, having no independent source of income, cannot manage without selling part of the inherited property. The petitioner has demonstrated a genuine need to sell the property to meet the exigencies of the minors' education, the court observed in its ruling.
Kumari's application, filed under Sections 29 and 31 of the Guardians and Wards Act, emphasized the urgent requirement to fund the boys' schooling and related educational expenses. The court found her plea reasonable given the family's circumstances and the importance of ensuring uninterrupted education for the children.
Court-Mandated Safeguards and Procedures
To ensure transparency and fair valuation of the property, the court issued several specific directives:
- Kumari must submit copies of sale deeds for at least two nearby properties executed within the past two years to establish a fair market value
- She must execute a sale agreement with the prospective buyer and submit a proforma of the sale deed before the court within two months of the order
- All documentation related to the property and inheritance must be properly recorded and verified
Family Support and Documentation
The court noted that Kumari's mother-in-law, Omvati, filed an affidavit supporting the application and stated she had no objection to the proposed sale. Additionally, Kumari's brother appeared as a prosecution witness and similarly expressed no objection to the property being sold.
Key documents placed before the court included:
- Anil Kumar's death certificate
- The inheritance certificate in the names of Kumari and her two minor sons
- A comprehensive list of the deceased's family members
The court carefully reviewed all documentation and determined that Kumari had made a compelling case for relief. By allowing the sale with appropriate safeguards, the court balanced the need to address the family's immediate financial requirements with the long-term protection of the children's inheritance.
This ruling establishes an important precedent for similar cases where guardians must access inherited assets to fund essential expenses for minor children, particularly education, while ensuring that the children's financial interests remain secure until they reach adulthood.
