IN THE COURT OF THE HON’BLE JUDGE, FAMILY COURT-cum-IV ADDL
DISTRICT JUDGE AT KHAMMAM
Friday, the 15th day of May, 2026
Present: Dr. G. V. Mahesh Naath
Judge,Family Court-cum-
IV Additional District and Sessions
Judge, Khammam.
G.W.O.P.No. 4/2026
Between:
1.Kamjula Swapna, W/o Late Srinivas Reddy, Age:43 years, Occu:Household, is the petitioner No.1. 2.Kamjula Pradeep Reddy, S/o Late Srinivas Reddy, Age: 17 years, Occu: Student (12th Class, Indus International School, Hyderabad). 3.Kamjula Kartheek Reddy, S/o Late Srinivas Reddy, Age: 15 years, Occu: Student (10th Class, Indus International School, Hyderabad). 44.Kamjula Annapurnamma, W/o Maheswar Reddy, Age: 69 years, Occu:Household. 5.Kamjula Maheswar Reddy, S/o Late Narsi Reddy, Age: 78 years, Occu: Nil.
All are H.No.10-1-43, Flat No.G-3, Brundavanam Apartments, Sai Baba Temple Road, Mamillagudem, Khammam City & District.
(Petitioner No.2 and 3 being minors, rep. By their mother as natural guardian ie., petitioner No.1)
......Petitioners
And
TO WHOMSOEVER IT MAY CONCERN ...Respondent
This petition coming before me today i.e., 15.05.2026 for hearing in the presence of Sri M.Niranjan Reddy, Advocate for the Petitioners; respondents (To whom it may concerned); upon perusing the material papers on record; upon hearing the arguments and having stood over for consideration till this day, this Court passed the following:
O R D E R
This petition is filed under Sections 8(2) and 8(4) read with Section 29 of the Guardians and Wards Act, 1890 seeking appointment/declaration of
Page 2 of 6 Order in GWOP 4 of 2026 dated 15.05.2026 petitioner No.1 as guardian of the minor petitioners No.2 and 3 and also seeking permission of the Court to alienate the schedule property belonging to the minors’ share for their welfare, maintenance and educational needs.
2. The case of the petitioners, in brief, is that petitioner No.1 is the wife of late Kamjula Srinivas Reddy, petitioners No.2 and 3 are the minor sons and petitioners No.4 and 5 are the parents of the deceased Srinivas Reddy. It is stated that late Srinivas Reddy died intestate on 01.05.2025 leaving behind the petitioners as his legal heirs.
3.It is further pleaded that during his lifetime, late Srinivas Reddy acquired the petition schedule property out of his self earnings and the same is his exclusive self-acquired property. The deceased was working as an Architect under the name and style of “Shilpi Architect” and was also carrying on real estate business.
4.According to the petitioners, the minors are studying in reputed educational institutions at Hyderabad and substantial expenditure is required towards their education, maintenance and future welfare. Petitioner No.1, being a housewife, has no independent source of income and there is no income from the schedule property. It is further pleaded that petitioners No.4 and 5 are aged persons suffering from chronic ailments. Hence, petitioner No.1 intends to alienate the schedule property for the welfare, education and maintenance of the minors and family necessities.
Page 3 of 6 Order in GWOP 4 of 2026 dated 15.05.2026
5.The petition schedule property is described as vacant site admeasuring
Ac.280.50 square yards situated in Sy.No.248/AA of V.Venkatayapalem,
Raghunadhapalem Mandal, Khammam District, valued at Rs.47,09,000/-.
6. Notice was published in the newspaper and none came objecting the claim of petitioners.
7. In support of their case, petitioner No.1 examined herself as PW.1 and filed proof affidavit reiterating the petition averments. She relied upon the following documents:
1. Ex.P1 – Death Certificate of late Srinivas Reddy;
2. Ex.P2 – Family Member Certificate;
3. Ex.P3 – Certified copy of registered sale deed dated 29.07.1997;
4. Ex.P4 – Agreement of sale dated 18.08.2025;
5. Ex.P5 – Aadhaar cards of petitioners.
8. Further, PW.2/Gayam Jayaram Subba Reddy, a family relative acquainted with the affairs of the family, was examined. He supported the version of petitioner No.1 and deposed that the proposed alienation is intended only for the welfare, education and benefit of the minors and family. He also deposed that the schedule property is the self-acquired property of late Srinivas Reddy.
9.The evidence of PW.1 and PW.2 remained unchallenged as there is no cross-examination.
Heard and perused the record. Now the points for consideration are:
1. Whether petitioner No.1 is fit and proper person to be appointed/declared as guardian of the person and property of minor petitioners No.2 and 3?
Page 4 of 6 Order in GWOP 4 of 2026 dated 15.05.2026
2. Whether the petitioners established that the proposed alienation of the petition schedule property is necessary and beneficial for the welfare of the minors?
3. To what relief?
Point Nos.1 and 2:
10.Under Section 6 of the Hindu Minority and Guardianship Act, 1956, the mother is a natural guardian of the minor children after the father. Further, Section 8 of the said Act mandates that any transfer of immovable property belonging to minors by the natural guardian requires prior permission of the competent Court and such permission can be granted only when the transaction is necessary or evidently advantageous to the minor.
11.The paramount consideration in matters relating to guardianship and alienation of minor’s property is the welfare of the minor. The Hon’ble Supreme
Court in Githa Hariharan v. Reserve Bank of India (1999) 2 SCC 228 held that welfare of the child is the supreme consideration while dealing with guardianship matters.
12. In the present case, the oral and documentary evidence clearly establish that late Srinivas Reddy died intestate leaving behind petitioner No.1, the minors and aged parents as legal heirs. Ex.P1 and Ex.P2 corroborate the said fact.
13.Ex.P3 shows that the schedule property was acquired by late Srinivas
Reddy jointly with Y. Savithri and there is no evidence to show that the property is ancestral or joint family property. The unrebutted testimony of PW.1 and PW.2 establishes that the property is self-acquired property of the deceased.
Page 5 of 6 Order in GWOP 4 of 2026 dated 15.05.2026
14.The evidence further discloses that the minors are pursuing education in reputed educational institutions and considerable expenditure is required towards their education and maintenance. Petitioner No.1 is a housewife having no independent income. There is no material to show that petitioner No.1 has any interest adverse to that of the minors. On the contrary, the evidence reflects that the proposed sale is intended for meeting educational and maintenance expenses of the minors and for safeguarding their welfare.
15. It is observed that welfare of the minor includes moral, ethical, educational and physical well-being. The proposed alienation in the present case appears to be for such welfare and necessity.
16.As the testimony of PW.1 and PW.2 remained unchallenged and there is no contra evidence, this Court finds that petitioner No.1 is a fit and proper person to act as guardian of the minors and that the proposed alienation is necessary and beneficial for the welfare of the minors. Accordingly, Point Nos.1 and 2 are answered in favour of the petitioners.
5. Relief:
In the result, the petition is allowed with the following directions:
1. Petitioner No.1 namely Kamjula Swapna is appointed/declared as guardian of the person and property of minor petitioners No.2 and 3 namely:
2. (1)KamjulaPradeepReddy,and (2) Kamjula Kartheek Reddy.
3. Petitioner No.1 is permitted to alienate/sell the minors’ share in the petition schedule property, namely:
Page 6 of 6 Order in GWOP 4 of 2026 dated 15.05.2026
Vacant site admeasuring 280.50 square yards out of Sy.No.248/AA of V.
Venkatayapalem, Raghunadhapalem Mandal, Khammam District along with
joint owner Smt Yatham Savithri w/o. Srinivas Reddy R/o Khammam.
4. The sale proceeds pertaining to the share of the minors shall be utilized only for their education, maintenance, welfare and other genuine necessities.
5. Petitioner No.1 shall safeguard the interest of the minors and shall not misuse the sale proceeds.
6. No order as to costs.
Typed to my dictation by the Stenographer, Grade-I, corrected and pronounced by me in the Open Court, on this the 15th day of May, 2026.
JUDGE, FAMILY COURT-CUM-
IV ADDITIONAL DISTRICT JUDGE,
KHAMMAM
-APPENDIX OF EVIDENCE-
PW1: Kamjula Swapna
PW2: Gayam Jayaram Subba Reddy.
EXHIBITS MARKED FOR PETITIONER
1. Ex.P1 – Death Certificate of late Srinivas Reddy;
2. Ex.P2 – Family Member Certificate;
3. Ex.P3 – Certified copy of registered sale deed dated 29.07.1997;
4. Ex.P4 – Agreement of sale dated 18.08.2025;
5. Ex.P5 – Aadhaar cards of petitioners.
JUDGE, FAMILY COURT-CUM-
IV ADDITIONAL DISTRICT JUDGE,
KHAMMAM