Ghaziabad: A district court has permitted a woman to sell two-thirds of a residential property inherited by her minor sons after the death of her husband, allowing the sale to meet the children’s education expenses.Hearing the matter under the Guardians and Wards Act, the court granted conditional permission, directing that the proceeds from the minors’ share of the sale be deposited in a nationalised bank in their names until they attain the age of 18.District judge Vinod Singh Rawat also directed the applicant, Anjana Kumari, to execute a sale agreement with the prospective buyer and submit a proforma of the sale deed before the court within two months of the order.To ensure a fair valuation, the court ordered Kumari to submit copies of sale deeds of at least two nearby properties executed within the past two years. “The entire amount received from the sale corresponding to the minors’ share shall be deposited in a fixed deposit scheme in a nationalised bank in the names of the minors until they attain majority,” the court said.In her application filed under Sections 29 and 31 of the Act, Kumari stated that she is the natural and legal guardian of her two sons, Harshit and Yojit. She told the court that her husband, Anil Kumar, had purchased the house in Dilshad Extension II on Sept 12, 2012, and died in an accident on March 1, 2018, after which the family’s financial responsibility fell entirely on her.Kumari said that following her husband’s death, the two children—Harshit, currently in Class VI, and Yojit, in Class III—became co-heirs to the property along with her. She submitted that there was an urgent need to sell part of the property to fund the boys’ schooling and related expenses.An affidavit filed by her mother-in-law, Omvati, supported Kumari’s plea and stated that she had no objection to the proposed sale. Kumari’s brother, who appeared as a prosecution witness, also told the court that he had no objection to the property being sold.The court noted that key documents, including Anil Kumar’s death certificate, the inheritance certificate in the names of Kumari and the two minors, and a list of the deceased’s family members, were placed on record.Observing that the children were studying at DAV Public School in Rajendra Nagar and that their education involved significant expenditure, the court said Kumari had made out a case for relief. “The petitioner has no source of income and seeks permission to sell the property to meet the exigencies of the minors’ education,” the court observed, allowing the sale subject to safeguards to protect the children’s interests.
