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Bombay High Court

GHAOSIA TABASSUM IRSHAD AHMADversusMOHAMMAD AYUB IRSHAD FAROOQUI

Decided
Disposal
DISPOSED OFF

Holding

The court held that, in the interest and welfare of the minor, the mother should be appointed guardian and be allowed to manage and expend the ward’s inherited property for his upbringing.

Summary

The mother filed a guardianship petition seeking appointment as guardian of her minor son and permission to use his inherited movable and immovable property for his welfare, education and medical treatment. The father had died intestate, and the mother had obtained letters of administration over his estate. The petition was supported by consent affidavits from the ward’s adult siblings. The court examined the petition’s maintainability under Section 7 of the Guardians and Wards Act, 1890, and considered the mother’s suitability to manage the ward’s assets. Finding that the mother was already caring for the child and that the siblings had no objection, the court appointed her as guardian and authorized her to manage and expend the ward’s property for his upbringing. The petition was consequently allowed and disposed of.

Issues considered

  • Whether the guardianship petition is maintainable under Section 7 of the Guardians and Wards Act, 1890.
  • Whether the mother can be appointed guardian of the minor and be permitted to manage and spend the ward’s inherited movable and immovable property for his welfare.

Legislation cited

Subjects

  • guardianship
  • minor
  • movable property
  • immovable property
  • inheritance
  • welfare
  • Guardians and Wards Act
  • Section 7
  • consent
  • intestate succession

Judgment

                                                                                                                                                                                                                                 GP 21 of 2025
                                                                                                                                                                                                               Ghaosia Tabassum Irshad Ahmad




           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               ORDINARY ORIGINAL CIVIL JURISDICTION
               GUARDIANSHIP PETITION NO. 21 OF 2025


Ghaosia Tabassum Irshad Ahmad                                                                                                                                                                                        … Petitioner


              _______________________________________

Mr. Radhakrishna Thakur a/w. Ms. Raffat Kadri for Petitioner.
              _______________________________________


                                                                 CORAM : FARHAN P. DUBASH, J.

                       RESERVED ON :                                                                                                                                             6th JANUARY 2026
                     PRONOUNCED ON :                                                                                                                                             8th JANUARY 2026



ORDER :


1.          The present Writ Petition has been filed seeking appointment

of the Petitioner as the Guardian of her minor son, Mohammad Ayub

Irshad Farooqui (Ward), and for permission to utilise and expend the

movable and immovable properties of the Ward towards his medical

treatment and other miscellaneous expenses, necessary for his welfare,

upbringing, and overall betterment.


2.          The Ward is a minor, presently studying in the 7 th Standard at

EDIFY School, Nagpur, and is residing with the Petitioner.



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                                              Order dated 8th January 2026
                                                                                                                                                                                                                                  GP 21 of 2025
                                                                                                                                                                                                                Ghaosia Tabassum Irshad Ahmad




3.            It is stated that the father of the Ward, viz. Irshad Ahmad

Farooqui (father), died intestate at Mumbai on 24 February 2020. As

regards the legal heirs of the deceased father, apart from the Petitioner

and the Ward, there are two daughters and one son, all of whom have

attained the age of majority.


4.            It is stated that subsequent to the demise of the father, the

Petitioner filed a petition before this Court being Testamentary Petition

No. 3821 of 2023 for issuance of Grant of Letters of Administration in

respect of the property and credits of the deceased father, which came to

be granted on 31 July 2024. It is further stated that there is no dispute

between the Petitioner and her sons and daughters with respect to the

filing or grant of the said Testamentary Petition.


5.            The Petitioner seeks appointment as Guardian of the Ward in

respect of the movable and immovable properties standing in the name of

the deceased father and undertakes to preserve and protect the Ward’s

share, right, title, and interest therein. The Petitioner also seeks

permission to incur expenditure from the movable and immovable

properties inherited from the deceased father for the welfare, education,

and personal expenses of the Ward, including expenses necessary for his

upbringing.


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                                               Order dated 8th January 2026
                                                                                                                                                                                                                                  GP 21 of 2025
                                                                                                                                                                                                                Ghaosia Tabassum Irshad Ahmad




6.           It is stated that the Ward was residing with the father during

the latter’s lifetime and, after the demise of the father, the Ward has been

residing with the Petitioner. It is further stated that the surviving siblings

of the Ward are unable to take care of him owing to their educational

commitments and busy schedules, and therefore, the Petitioner being the

mother is in a better position to look after the welfare of the Ward.


7.           Out of natural love and affection for the Ward, the present

Petition has been filed by the Petitioner seeking her appointment as his

Guardian. The Petitioner is stated to have no interest, either direct or

indirect, adverse to the interest of the Ward.


8.           The Petitioner has also filed Consent Affidavits of Ms. Sara

Irshad Ahmad Farooqui, her daughter and the elder sister of the Ward;

Mr. Ghulam Mohammed Irshad Farooqui her son and the elder brother of

the Ward and Ms. Tooba Mohammed Arsalan Farooqui her younger

daughter and the elder sister of the Ward. All three persons have given

their consent and no objection to the Petitioner being appointed as the

Guardian of the Ward.


9.           This Court has considered the averments made in the

Petition. The present Petition is maintainable under Section 7 of the

Guardians and Wards Act, 1890. The Ward is residing with the Petitioner,

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                                               Order dated 8th January 2026
                                                                                                                                                                                                                                     GP 21 of 2025
                                                                                                                                                                                                                   Ghaosia Tabassum Irshad Ahmad




who is attending to his welfare and medical needs. The Petitioner has

sought permission to utilise and expend the movable and immovable

property left by the Ward’s father for the Ward’s welfare, education, and

personal expenses, necessary for his upbringing.


10.               This Court has heard the learned Counsel for the Petitioner

and upon considering the submissions made, this Court is of the view

that, in the interest and welfare of the Ward and for safeguarding his

rights, the Petitioner be appointed as the Guardian of her son,

Mohammad Ayub Irshad Farooqui.


11.      Accordingly, the following order is passed:


                             :: ORDER ::


   (i)     The Petition is allowed in terms of prayer clauses (i), (ii) & (iii)

           which read as under :


           (i)         This Hon'ble Court be pleased to appoint the Petitioner as

           Guardian of Ward abovenamed to look after his person and moveable

           property.


           (ii)        That this Hon'ble Court be pleased to permit the Petitioner

           to use and spend the money on Ward's moveable and immovable

           property which comes from his father late Irshad Ahmad Farooqui

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                                                  Order dated 8th January 2026
                                                                                                                                                                                                                                                GP 21 of 2025
                                                                                                                                                                                                                              Ghaosia Tabassum Irshad Ahmad




                       alias Farooqui Irshad Ahmad, and for his medical treatment and other

                       miscellaneous expenses for the betterment and upbringing of the said

                       Ward.


                       (iii)     This Hon'ble Court may be pleased to permit Petitioner to

                       manage moveable and immovable property of the said Ward for

                       betterment and welfare of the said Ward.


     (ii)                      The Guardianship Petition is accordingly disposed of.


     (iii)                     There shall be no order as to costs.



                                                                                                                                                                                           ( FARHAN P. DUBASH, J. )

Ajay Jadhav
GP/21/2025.
          Digitally signed
          by JYOTI
JYOTI   PRAKASH
        PAWAR
PRAKASH Date:
PAWAR   2026.01.08
          17:40:40
          +0530




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                                                             Order dated 8th January 2026


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