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Bombay High Court

Sharmila Gangaram GhaywatversusKalpana Ramdas Gaikwad

Decided
Disposal
DISPOSED OFF

Holding

The Court held that the petitioner, acting as guardian, is authorized to receive and distribute the specified amounts to the minor beneficiaries.

Summary

The petition was filed by Kalpana Ramdas Gaikwad, the eldest sister of three minor siblings, seeking the release of cash balances and fixed deposits of their deceased parents under the Guardian and Wards Act, 1890. The minors – Sharmila, Pushpa and Shivaji Ghaywat – were unemployed and residing with their sister in Mumbai. The petitioner submitted joint affidavits dated 21 August 2025 and 23 June 2026, along with bank certificates showing the amounts held by the High Court Accounts Officer. The Court examined these documents and applied the provisions of the Guardian and Wards Act to determine the sister’s authority to act as guardian and receive the assets on behalf of the minors. Accordingly, the Court ordered the Accounts Officer to disburse specified cash and fixed‑deposit amounts to each minor as detailed in the order. The certified copy of the order was to be issued expeditiously.

Issues considered

  • Whether the petitioner, as the eldest sister, is entitled to receive the deceased’s cash balances and fixed deposits on behalf of the minor siblings under the Guardian and Wards Act, 1890

Legislation cited

Subjects

  • Guardian and Wards Act
  • minor beneficiaries
  • fixed deposit
  • miscellaneous petition
  • court order
  • asset distribution

Judgment

                                                                                         04-JO-65-26.DOC



JYOTI                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAJESH                             ORDINARY ORIGINAL CIVIL JURISDICTION
MANE
Digitally signed
by JYOTI
                                        JUDGES ORDER NO. 65 OF 2026
RAJESH MANE
Date: 2026.09.21
                                                    IN
17:11:06 +0530
                                   MISCELLANEOUS PETITION NO. 45 OF 2014


                   1) Sharmila Gangaram Ghaywat, aged about
                   46 years, Occupation: Unemployed, Hindu,
                   Indian Inhabitant, Mumbai, presently residing at Room No.87,
                   Ambedkar Nagar, Bhatwadi,
                   Ghatkopar (West), Mumbai - 400084.

                   2) Pushpa Gangaram Ghaywat, aged about 44
                   years, Occupation: Unemployed, Hindu,
                   Indian Inhabitant, Mumbai, presently residing
                   at Room No.87, Ambedkar Nagar, Bhatwadi,
                   Ghatkopar (West), Mumbai - 400084

                   3) Shivaji Gangaram Ghaywat, aged about 40
                   years, Occupation: Unemployed Hindu, Indian
                   Inhabitant, Mumbai, presently residing at Room No.87,
                   Ambedkar Nagar, Bhatwadi, Ghatkopar (West),
                   Mumbai – 400084.                                      ...Applicants


                   In the matter of Guardian and Wards Act, 1890
                   1) Kumari Sharmila Gangaram Ghaywat,
                   2) Kum. Pushpa Gangaram Ghaywat
                   3) Kum Bharati Gangaram Ghaywat, and
                   4) Master Shivaji Gangaram Ghaywat, all Hindus,
                   Indian Inhabitants of Mumbai permanent residents of
                   Room No.87, Ambedkar Nagar, Bhatwadi,
                   Ghatkopar (west) Mumbai – 400084                    ...Deceased

                                                         AND

                   Kalpana Ramdas Gaikwad, Age 48 years,
                   (Maiden Name: Miss Kalpana Gangaram
                   Ghaywat) the eldest sister of the minors,
                   Abovenamed, Hindu, Indian Inhabitant,
                   residing at Room No.87, Ambedkar Nagar,
                   Bhatwadi, Ghatkopar (West), Mumbai - 400084         ...Petitioner

                                                       _______


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                                                                     04-JO-65-26.DOC



Mr. V.K.Rajbhar, Advocate for the Petitioner.
                                     _______

                           CORAM:          AARTI SATHE, J.

                           DATE:           17th SEPTEMBER 2026.

P.C.


1.         This Judges order has been filed in Miscellaneous Application No. 45 of

1996. Upon hearing Mr. V. K.Rajbhar Advocate for the Applicants and upon reading

the Joint Affidavit of Kalpana Ramdas Gaikwad, the Petitioner, and 1) Kumari

Sharmila Gangaram Ghaywat, 2) Kumari Pushpa Gangaram Ghaywat and 3) Master

Shivaji Gangaram Ghaywat, the Applicants abovenamed Solemnly affirmed on 21st day

of August, 2025, and Joint Additional affidavit Solemnly affirmed on 23rd June, 2026

and upon perusing the Exhibits thereto, the Account Officer, High Court, Bombay, is

directed to hand over cash balance of Rs.19,400/- (Rupees Nineteen Thousand and

Four Hundred only) and Fixed Deposit in Union Bank of India, having branch at

Mumbai Mahapalika Marg Branch, for an amount of Rs.17,419/- (Rupees Seventeen

Thousand Four Hundred and Nineteen only, and fixed deposit for an amount of

Rs.35,463.33 (Rupees Thirty Five Thousand Four Hundred and Sixty Three and

Thirty Three Paise only), in Union Bank of India, having branch at Mumbai

Mahapalika Marg, and Fixed Deposits for an amount of 32,294/-(Rupees Thirty Two

Thousand Two Hundred and Ninety Four only), in Bank of Maharashtra, Mumbai Fort

Branch, to Sharmila Gangaram Ghaywat. It is also directed to the the Accounts Officer,

High Court, Bombay, to hand over cash balance of Rs.19,400 (Rupees Nineteen

Thousand and Four Hundred only) and Fixed Deposit in Union Bank of India,


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                                                                      04-JO-65-26.DOC



Mumbai Mahapalika Marg Branch, Mumbai, for an amount of Rs. 17,419/- (Rupees

Seventeen Thousand Four Hundred and Nineteen only), and Rs.33,592.33 (Rupees

Thirty Three Thousand Five Hundred and Ninety Two and Thirty Three Paise only),

and Fixed Deposits for an amount of Rs. 30,172.00 (Rupees Thirty Thousand One

Hundred and Seventy-two only), in Bank of Maharashtra, Mumbai Fort Branch to

Pushpa Gangaram Ghaywat. The Accounts Officer, High Court, Bombay, to hand over

the Fixed Deposits for an amount of Rs.35,818.00 (Rupees Thirty Five Thousand

Eight Hundred and Eighteen Only) and Rs.32,381.00 (Rupees Thirty Two Thousand

Three Hundred and Eighty One only) in Union Bank of India, Mumbai Mahapalika

Marg Branch, to Shivaji Gangaram Ghaywat, respectively, as per Certificate of balance

bearing A serial Nos. 4676, 4677 & 4679, Cause Nos. 10951, 10952, & 10954,

respectively issued under Ledger No. 30, dated 11 th March, 2024 by Accounts Officer,

High Court Bombay. The certified copy of this order be issued expeditiously .



                                                 (AARTI SATHE, J.)




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