Bombay High Court
GHAOSIA TABASSUM IRSHAD AHMADversusMOHAMMAD AYUB IRSHAD FAROOQUI
- Decided
- Disposal
- DISPOSED OFF
- Bench
- FARHAN PARVEZ DUBASH
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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