IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 78 of 2008()
1. RAJAN AGED 49 YEARS, S/O SANKARU,
... Petitioner
Vs
1. SREEMON,S/O RAJAN (APPELLANT HEREIN)
... Respondent
2. SNEHA, D/O RAJAN (APPELLANT HEREIN),
For Petitioner :SRI.P.RAMACHANDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :18/06/2008
O R D E R
J.B. Koshy & P.N.Ravindran, JJ.
————————————–
M.F.A.(G & W) No.78 of 2008
—————————————
Dated this the 18th day of June, 2008
Judgment
Koshy,J.
Petition is filed under section 29 and 31 of the Guardian
and Wards Act by the father of the minor children seeking his
appointment as a guardian for permission to effect sale of the share
of the minors in the petitioner schedule property. According to the
appellant, minors got the property on the basis of the settlement
deed executed by him on 17.6.1999. The petition was dismissed as
petitioner has not produced basic title deed regarding the property.
The appellant can make a settlement deed only if the property
belongs to him, but, for that, he must produce sufficient proof to
show that he owns the property. If he obtained the property on the
basis of a partition deed, he can produce certified copy of the
partition deed.
The impugned order dated 13.12.2007 is set aside. The
appellant is allowed to adduce sufficient evidence to prove his title
over the property for which he made settlement deed. Parties shall
appear before the court below on 23.7.2008. Appellant can
M.F.A. (G & W) No.78/2008 2
produce necessary documents to prove that he has got valid title to
execute the settlement deed.
J.B.Koshy
Judge
P.N.Ravindran
Judge
vaa
M.F.A. (G & W) No.78/2008 3
J.B. KOSHY
AND
P.N.RAVINDRAN,JJ.
————————————-
M.F.A.(G&W) No. 78 of 2008
————————————-
Judgment
Dated:18th June, 2008