SONAL SANJIV DESHPANDEversusMASTER YASHRAJ SANJIV DESHPANDE

                                                                           10 - MP-9-2026.DOC



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   ORDIINARY ORIGINAL CIVIL JURISDICTION
                    MISCELLANEOUS PETITION NO. 9 OF 2026


Sonal Sanjiv Deshpande                                                         Petitioner

          Versus

Master Yashraj Sanjiv
Deshpande                                                                   Respondent

                                 _______
Mr. Vishal Kanade a/w Mr. Chirag Dave a/w Ms. Soumya Srinivasan a/w Kanak
Nigam, Advocates, i/by Legasis Partners for the Petitioner.
                                            _______

                                CORAM:          AARTI SATHE, J.

                                DATE:           28th AUGUST 2026.

P.C.


1.            By this Petition, the Petitioner is seeking leave to deal with the shares of

the minor in Flat No. 203 admeasuring 472.21 square feet equivalent to 43.87

square meters (carpet) along with 249 square feet of terrace, on the 2 nd floor,Wing

B, of the building known as “Pavanputra” of Pavanputra Sahakari Gruhnirman

Sanstha Maryadit, situated at Dr. Earnest Borges Road, Parel, Mumbai – 400 012

(herein after referred to as said flat).

2.            Brief facts are as follows:

i.            The Petitioner is the natural guardian of minor Master. Yashraj Sanjjiv

Deshpande who was born on 30 September 2013. The present Petition is filed

under Section 8 (2) of the Hindu Minority and Guardianship Act, 1956 (here in




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after referred to as Act). The Petitioner and her husband acquired equal shares in

the said flat on 14 October 2015.

ii.           On 27 February 2022, the Petitioner's husband Mr. Sanjiv Digambar

Deshpande died intestate leaving the Petitioner, the minor and his mother Shrimati

Nirmala Digambar Deshpande as the only surviving legal heirs. His 50% shares in

the said flat devolved on them equally.

iii.       On 14 November 2022, Shrimati Nirmala Digambar Deshpande gifted

her entire share in the said flat to the minor by a registered gift deed there by

making the Petitioner and the minor hold 66.66% and 33.34% shares respectively.

iv.        A Co-ordinate Bench of this Court by an order dated 7 August 2023,

granted heirship certificate in Miscellaneous Petition number MP/350/2023.

v.         Thereafter on 17 June 2026, the Petitioner along with the minor

entered into a Term sheet with the purchaser, Mr. Laukik Rajnish More, for sale of

the said flat for a price of Rs. 1,85,00,000/-. The consideration which has been

fixed for the purchase of the aforesaid flat is far higher than the ready reckoner

value and is therefore, reasonable considering the present market condition

prevalent in the area where the said flat is located. The minor's share of 33.34% is

valued at around Rs. 65,01,900/- and it is the Petitioner's contention that the

agreement for sale has to be executed within 7 days of leave being granted by this

Court.

3.         It is also submitted that the Petitioner intends to sell the said flat for the

advantage of the minor and undertakers to keep the consideration amount received

against/proportionate to the shares of minor as fixed deposit in a bank which



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entitles the account owner to receive interest there on and the same will be highly

profitable till the minor attends the age of majority.

4.          The Petitioner further submits that the said monies would be later on

realized/used for the minor's benefit such as his education, investment, marriage

and other expenses in the interest of the minor on the minor attending majority for

the reasons/purpose he deems fit.

5.          The Petitioner has also mentioned the reason for proposed sale which is

namely, due to the advanced age of the mother of the deceased who is one of the

legal heirs. The said flat is not occupied personally by the heir and the Petitioner is

facing difficulty in maintaining the said flat in relation to other multiple properties

left behind by the said deceased.

6.          The Petitioner has accordingly sought for the aforementioned relief in

the Petition.

7.          I have heard Mr. Vishal Kanade, the learned counsel appearing for the

Petitioner and considering the submissions as well as averments in the Petition, in

my view as the Petitioner and the minor are the joint owners of the said flat, having

share of 66.66% and 33.34% respectively and given the reasons for proposed sale

of the said flat which would be in the interest and welfare of the minor and that the

minor’s share will be secured in the form of fixed deposit receipt in a bank which

will earn interest, this is fit case to grant the relief sought for in the Miscellaneous

Petition.

8.          Hence, the Miscellaneous Petition is made absolute in terms of prayer

Clauses (a), (b) and (c) which read thus:-



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          (a) Issuance of Notice under Section 31 (4) of the Guardians and Wards Act, 1890
          may be dispensed with;

          (b) This Hon’ble Court may be pleased to allow the present Petition and grant leave
          to the Petitioner to deal with/sell the share of the Minor in the Pavanputra Premises,
          being Flat No. 203 admeasuring 472.21 square feet equivalent to 43.87 square
          meters (carpet) along with 249 square feet of terrace, on the 2 nd floor,Wing B, of the
          building known as “Pavanputra” of Pavanputra Sahakari Gruhnirman Sanstha
          Maryadit, situated at Dr. Earnest Borges Road, Parel, Mumbai – 400 012, together
          with ten shares of Rs. 50/- each bearing distinctive Nos. 881 to 890, represented
          through Share Certificate No. 83, under Section 8 (2) of the said Act, and
          authorized the Petitioner to execute and register, for and on behalf of the Minor, all
          such agreements, deeds and documents in favour of the above identified buyer as
          may be necessary for concluding the sale of the Pavanputra Premises;

          (c)    This Hon’ble Court be pleased to grant the Petitioner leave to receive the
          proportionate amount against the share of the Minor (being 33.34%) out of the total
          sale consideration to be received against the sale of the Pavanputra Premises, and
          invest the same into a separate fixed deposit to be created for the benefit of the
          Minor;


9.              The Miscellaneous Petition disposed of in the aforesaid terms. No costs.


10.             Parties to act on the authenticated copy of this order to take further

steps.


                                                               (AARTI SATHE, J.)




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