A trial court here has allowed a widow to sell her west Delhi flat, co-owned by her two minor children, to meet the kids’ education and other expenses.
Babita, who has no source of income and is facing problem in bringing up the children, moved court seeking permission to sell the property bought by her late husband Praveen Kumar.
She could not sell the Delhi Development Authority flat in west Delhi’s Dwarka as the co-owners were minors and the prospective buyers were wary of legal complications at a later stage, said her petition.
“I tried to sell the property… but the prospective buyers refused to purchase it unless the court granted permission for it,” she said.
Allowing the widow, a resident of Karol Bagh, to sell her flat, District Judge Sunita Gupta said in a recent order that she (Babita) could not be expected to have any adverse interest in selling the property with her kids too having a share in it.
The judge stipulated that she would not sell the house for less than Rs.24 lakh.
“I consider that petitioner (woman) is constrained to sell the undivided share belonging to the two minors in the property, for their legal necessity – for proper upbringing, education and career of the minors. Accordingly, I allow the petition and the petitioner is permitted to sell the property,” the judge said.
Babita approached the court in 2009 after her husband’s death.
After her husband’s death, she got the flat transferred in her name and in the names of her two minor children – an 11-year-old daughter and a 15-year-old son.
“From the sale proceeds, the woman will purchase some better property in the name of the minors or alternatively she will deposit the shares of the children in their names in fixed deposit with any nationalised bank or post office till the period they attain their respective age of majority,” said the court.
The court allowed Babita to withdraw the interest on the fixed deposits and directed her to use the money for the education, welfare and upbringing of the kids.
In my opinion, judge had no right to allow or disallow the sale of the said flat. This is because the share in the flat was undivided and hence does not attract Section 8 of Hindu minority and guardianship act which makes it compulsory for the natural guardian to take court permission for selling. She is entitled to sell the property for the benefit of estate and needs no court permssion.