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BEFORE THE SPL. JUDGE FOR TRIAL OF SPE & ACB CASES-
cum-VI ADDITIONAL DISTRICT & SESSIONS JUDGE :: AT ::
KARIMNAGAR.
PRESENT: Sri. N.SANTOSH KUMAR,
SPL. JUDGE FOR TRIAL OF SPE & ACB CASES-cum-VI
ADDITIONAL DISTRICT & SESSIONS JUDGE,
KARIMNAGAR.
WEDNESDAY, THIS THE 6 th DAY OF MAY, 2026.
G.W.O.P. No.17 of 2025
Between:-
1. Pendyala Sumalatha, W/o late Nagesh, Age: 43 years, Occ: Household, R/o.H.No.1-5-187, Near Kaman Road, Karimnagar town and district.
2. Pendyala Raja Sai Vignesh, S/o.late Nagesh, Age: 19 years, Occ: Student, Presently residing at Russia, R/by its GPA Holder Pendyala Sumalath (petitioner No.1), R/o.H.No.1-5- 187,Near Kaman Road, Karimnagar town and district.
…Petitioners. AND To whomsoever it may concern … Respondent.
Petition filed under Sections 10 and 29 of the Guardian and Wards Act R/W Sec.8 of the Hindu Minority and Guardianship Act. This petition came before me on 05.05.2026 for hearing in the presence of Sri.Agina Srinivas, Counsel for the Petitioners, and Respondent remained exparte; upon perusing the material papers on record, on hearing arguments of counsel for petitioners and having stood over for consideration to this day, this tribunal delivered the following:- :: O R D E R ::
This petition is filed by the petitioners U/Secs.10 and 29 of the Guardian and Wards Act r/w Sec.8 of the Hindu Minority and
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Guardianship Act praying this Court to grant permission to the
Petitioner no.1 to sell the 1/3rd share of her minor daughter namely
Pendyala Sri Vidhathri, D/o late Pendyala Nagesh, aged about 7 years, female Hindu, Student, resident of H.No.1-5-187, Near
Kaman Road, Karimnagar town and district (hereinafter referred to as “minor girl”) in the immovable property viz; open plot in
Sy.no.451 sq.yards to an extent of 241 square yards or 201.47 sq.meters situated at Kaman road, Karimnagar town and district (hereinafter referred to as “Petition Schedule Property”) for utilisation of the funds for the welfare of minor.
2. The brief case of the Petitioner no.1 and 2 as disclosed from the petition is that the Petitioner no.1 is the mother of minor girl and the Petitioner no.2 is the son of petitioner no.1 and that the children of the Petitioner no.1 are clever students and that the
Petitioner no.1 being the natural mother of minor girl, is intending to provide good education to the minor girl and as such, the
Petitioner no.1 is in need of money to admit the minor girl in a better Education institution and as such, the Petitioner no.1 is intending to sell the Petition Schedule Property including the 1/3rd share of minor girl for the welfare of minor girl. It is submitted that the petitioner no.1 is not intending to utilise the sale proceeds of
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the petition schedule property of the minor girl for any other purpose except for the welfare and to provide good education and medical expenses of the minor girl and to built up a good future of the minor girl.
3.The petitioners further submitted that the husband of petitioner no.1 late Pendyala Nagesh son of late Rajeshwar Rao, got the petition schedule property and another house property in the family partition along with his brothers through a registered partition deed vide doc.no.7635/2015, dt.03-08-2015 and thereafter on 04-01-2023 the father of minor girl was died leaving behind the petitioner no.1 as his wife, petitioner no.2 is his son and the minor girl as his legal heirs. The petitioners contended that except the Petitioners, there are no other persons as the legal representatives of late Pendyala Nagesh, who got petition schedule property. The petitioners further submitted that consequent to the death of Pendyala Nagesh, the minor girl along with petitioners no.1 and 2 are having their equal share in the petition schedule property and that the petition schedule property being a open plot is not deriving any income hence the petitioners no.1 and 2 are also intending to sell the entire petition schedule property along with the share of minor girl. Since the Petitioner no.2 is residing at Russia,
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who gave GPA to the petitioner no.1 being his mother. The petitioners further submitted that the Petitioner no.1 is natural mother and Guardian of minor girl, alone is a fit person to seek permission to sell the share of minor girl in the petition schedule property and further submitted that unless the Court accords permission to the Petitioner no.1 to sell the share of minor girl along with the shares of Petitioners no.1 and 2, the petitioner no.1 cannot sell the share of minor girl. Hence the petition is filed seeking permission.
4. After registration of the petition, notice of the same was ordered against the Respondent/To whomsoever it may concerned by way of ordering publication in the news paper besides affixing the same in the concerned offices, but none of the objections have been received by this court opposing the claim of the petition.
Hence the matter was proceeded for enquiry.
5. In support of the case of petitioners, the petitioner no.1 got herself examined as PW1 by filing the affidavit in lieu of her chief examination and got marked Exs.P1 to Ex.P9 on their behalf.
The petitioners also got examined PWs.2 to 4 in support of their case.
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6.Heard arguments of the learned counsel for petitioners and perused the record.
7.Basing on the contentions of the Petitioners, now the Point for consideration before this court is:
Whether there are valid grounds to permit the petitioner no.1/mother of minor girl to sell 1/3rd share
of the minor girl in the petition schedule property?
8.POINT:
The case of the petitioners is that during the life time of
Pendyala Nagesh who was the husband of petitioner no.1, father of petitioner no.2 and minor girl, he had acquired the petition schedule property besides another house property out of registered family partition which is marked as Ex.P1. According to the petitioners, the petitioner no.1 being the natural mother and guardian of minor girl is looking after the welfare and well being of the minor girl, as such the petitioner no.1 is intending to sell the petition schedule property which includes the 1/3rd share of minor girl. Hence the present petition is filed seeking permission.
9.Ex.P1 is the Certified copy of Registered partition deed under which father of minor girl by name Pendyala Nagesh got the
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petition schedule property through partition along with his other heirs. Ex.P2 is the certified copy of Death certificate of father of minor girl showing the proof of death of father of minor girl. Ex.P3 is the certified copy of Birth certificate Pendyala Sri Vidhathri (Minor girl). Ex.P4 is the Original Ration card, Ex.P5 is the Aadhar card of
Pendyala Sri Vidhathri. Ex.P5 is the Copy of Reg.No.2025/3323 issue by Rus Education for petitioner no.2, dt.15-05-2025. Ex.P6 is the Copy of Reg.No.2025/3323 issued by Rus Education for petitioner no.2, dt.15-05-2025. Ex.P7 is the Copy of Preliminary
Admission Letter no.697 of petitioner no.2, dt.15-05-2025. Ex.P8 is the GPA issued by the petitioner no.2 in favour of his mother i.e.
petitioner no.1 to represent on his behalf pertaining to the present case. Ex.P9 is the Family Members Certificate, dt.30-10-2025 issued by Tahsildar, Karimnagar wherein the Petitioners No.1 and 2 as well as minor girl are only shown as living family members of deceased husband of petitioner no.1.
10. Section 8 of the Hindu Minority and Guardianship Act enables the natural guardian of a Hindu Minor, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor’s estate; but the Guardian can in no case
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bind the minor by a personal covenant; However the same section, for the benefit of the minor, imposes certain restrictions on the
Guardian not to deal with the property of minor girl viz; create mortgage or charge or transfer by way of sale, gift, exchange or otherwise, any such disposal of the immovable property of the minor; or (b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority, except with prior permission of the Court. Any disposal of immovable property by a natural guardian, in contravention to the section 8 is voidable and that the same section also imposes a condition on the court that while granting permission, the court has to take into consideration the interest of the minor.
11.In the present case on hand, PW1 testified that the after the death of her husband, she is looking after the welfare of minor girl and that the Petition Schedule Property is open plot and the same is not deriving any income. Hence she along with petitioner no.2 is intending to sell the petition schedule property which includes the 1/3rd share of minor girl in order to utilise the sale proceedings for welfare and well being of minor and to provide good education.
12. PW2 who is disinterested and an independent person
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testified that the market value of the petition schedule property is about Rs.8,000 to 10,000/- per square yard in the vicinity and that the approximate value of total petition schedule property would be at Rs.20,00,000/- to 25,00,000/-.
13. PW3 testified that on account of demise of husband of petitioner no.1, PW1 is hardly maintaining the family with her meager income and is struggling to give good education and life to her children and stressed the need to sell the petition schedule property for the welfare of minor.
14. PW4 is also corroborated the testimony of PW3 with regard to dire necessity of petitioner no.1 to sell the petition schedule property for the welfare of minor girl.
15.During the course of arguments, the learned counsel appearing for petitioners fairly submitted that the value of petition schedule property will be around Rs.22,00,000/- to Rs.25,00,000/- lakhs and further submitted that the approximate value of the minor share would be around Rs.8,00,000/- and the same may be ordered to be kept in fixed deposit in any Nationalised Bank.
16.Upon perusing the averments of the petition, testimonies of
PWs.1 to 4 coupled with Ex.P1 to P9 and having regard to the facts
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and circumstances of the case and keeping in view of the present
Age, future prospects and interest of the minor girl, this court is of the view that the contention of the petitioners seeking permission to sell 1/3rd share of minor can be accepted with certain conditions.
17.Considering the age of the minor girl as 7 years on the date of filing of the petition and keeping in view of providing bright future of minor girl and also considering that the petitioner no.1 is also getting 1/3rd share of the sale proceedings, this Court is of the considered view that 1/3rd share of the minor girl is ordered to be kept in fixed deposit in any Nationalised Bank on the name of minor girl till she attains the age of majority. However, the petitioner no.1 is permitted to withdraw the interest accrued thereon every year to meet the educational and other expenses of minor girl. With the above said observation, the petition is disposed off. Accordingly the Point is answered in favour of Petitioners.
18. In the result, the petition is allowed and accordingly the petitioner no.1/mother of minor girl is hereby permitted to sell the 1/3rd share of minor girl in the petition schedule property, subject to the condition that soonafter receipt of sale consideration amount, a sum of Rs.8,00,000/- (Rupees Eight lakhs only) shall be kept in fixed deposit in any Nationalised Bank on the name of minor girl, till
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the minor girl attains the age of majority. However, the petitioner no.1 is at liberty to withdraw the interest accrued on the fixed deposit amount of Rs.8,00,000/- every year to meet the expenses of minor girl. The petitioner No.1 shall file the proof of fixed deposit
Receipt of Rs.8,00,000/- as soon as she receive the sale consideration amount from the purchaser. No cost.
Dictated to the Stenographer Gr.I, corrected and pronounced
by me, in the open Court on this the 6th day of May, 2026.
Special Judge,
for trial of SPE and ACB cases- cum-VI Additional Sessions Judge, Karimnagar.
Appendix of Evidence
Witnesses examined
For the Petitioners:
P.W.1: Pendyala Sumalatha (Petitioner No.1) P.W.2: Katkam Kishan P.W.3: Adi Sugunakar Rao P.W.4: S.Raghupathi
For the Respondent:
- None-
Exhibits marked
For the Petitioners:
Ex.P1Certified copy of Registered partition deed doc.no. 7638/ 2015,dt.03.08.2015
Ex.P2Death Certificate of Pendyala Nagesh,dt.25-01-2023
Ex.P3Birth Certificate of Pendyala Sri Vidhathri (Minor), dt.05-12-2018
Ex.P4Original Ration card
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Ex.P5Aadhar card of Pendyala Sri Vidhathri
Ex.P6Copy of Reg.No.2025/3323 issue by Rus Education for petitioner no.2, dt.15-05-2025.
Ex.P7Copy of Preliminary Admission Letter no.697 of petitioner no.2, dt.15-05-2025
Ex.P8General Power of Attorney issued by Petitioner no.2 in favour of Petitioner no.1 attested by Notary,dt.07-10-2025
Ex.P9Family Members Certificate, dt.30-10-2025 issued by Tahsildar,Karimnagar
For the Respondent:
-Nil-
Special Judge,
for trial of SPE and ACB cases- cum-VI Additional Sessions Judge, Karimnagar.