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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