- 1 - HC-KAR NC: 2025:KHC:27098-DB MFA No. 7121 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 7121 OF 2024 (GW) BETWEEN: MASTER GAGAN V S/O M VENKATESH AGED ABOUT 9 YEARS SINCE MINOR REP BY HIS MOTHER / NATURAL GUARDIAN SMT RANJITHA V W/O M VENKATESH AGED ABOUT 36 YEARS RESIDING AT NO 278, GATTAHALLI VILLAGE HUSKUR POST, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT …APPELLANT (BY SRI. RAVI PRAKASH V., ADVOCATE) AND: NIL …RESPONDENT Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27098-DB MFA No. 7121 of 2024 THIS MFA IS FILED 8(5) OF HINDU MINORITY AND GUARDIANSHIP ACT, 1956 AGAINST THE JUDGMENT AND DECREE DT.19.09.2024 PASSED IN G AND WC NO.5017/2023 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, SIT AT ANEKAL, DISMISSING THE PETITION FILED U/S.8(2) OF GUARDIAN AND WARDS ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The appellant is a minor boy who is represented by his mother and natural guardian. This appeal is filed calling in question the order dated 19.09.2024 in G&Wc. No.5017/2023 on the file of the III Additional District and Sessions Judge, Bengaluru Rural District, Anekal [for short, 'the civil Court']. The appellant, represented by his mother and natural guardian, has filed a petition under Section 8(2) of the Guardians and Wards Act, 1890 seeking - 3 - HC-KAR NC: 2025:KHC:27098-DB MFA No. 7121 of 2024 permission to sell the property bearing site No.277/151/4 of Gattahalli Village, Shanthipura Gram Panchayath, Sarjapura Hobli, Anekal Taluk, Bangalore Urban District [the subject property]. The civil Court has rejected the petition opining that the appellant's mother is not entitled to sell the subject property in terms of the Gift Deed dated 23.08.2017 in favour of the appellant. 2. Mr. Ravi Prakash V., the learned counsel for the appellant, seeking orders on I.A. No.2/2024 filed under Order XLI Rule 27 of the Code of Civil Procedure, 1908 submits that, [a] the appellant’s father [Mr. M. Venkatesh] has executed the Gift Deed dated 23.08.2017 in his favour, and his parents are estranged because the father is married to another, - 4 - HC-KAR NC: 2025:KHC:27098-DB MFA No. 7121 of 2024 [b] the appellant’s father has executed in his favour, apart from the Gift Deed dated 23.08.2017, another Gift Deed dated 16.04.2021 transferring the property within Hebbagodi, Municipal Limits, Attibele Hobli, Anekal Taluk, Bengaluru Urban District, which comprises 4 floors of constructed area, [c] the appellant's mother has no source of income and depends on the rentals received from the premises in this property, and this income is not sufficient, [d] the appellant's mother does not propose to transfer the built-up property [the second property], [e] the appellant's mother is constrained to transfer the subject property so that the - 5 - HC-KAR NC: 2025:KHC:27098-DB MFA No. 7121 of 2024 funds are mobilized to provide for the appellant's education, and [f] the appellant is aged only 10 years and funds must be mobilized to provide good education. 3. When queried, Mr. 3. When queried, Mr. Ravi Prakash V is categorical that the subject property is worth more than a Crore of rupees and that every rupee received as sale price will be deposited with a Nationalized Bank, only to draw accrued interest to meet the appellant’s educational and other expenses. The learned counsel further emphasizes that the Gift Deed dated 23.08.2017 does not create embargo explicitly or otherwise on sale of the subject property during the appellant's minority, and that this Court must consider all the circumstances and permit the appellant’s mother to sell the subject property on terms that are just and reasonable to sub-serve the appellant’s interests. - 6 - HC-KAR NC: 2025:KHC:27098-DB MFA No. 7121 of 2024 3. The request for application under Order XLI Rule 27 of CPC to produce a copy of the Gift Deed dated 16.04.2021 executed by the appellant's father [Mr. M. Venkatesh] in favour of the appellant is considered under Order XLI Rule 27 [1] [b] of the CPC and to ensure that the appellant's interest is not impeded despite resources. The application [I.A.No.2/2024] is allowed, and the Gift Deed dated 16.04.2021 for the constructed property in No. 5/2C, Hebbagodi, Municipal Limits, Attible Hobli, Anekal Taluk, Bengaluru Urban District is taken on record. 4. It is trite that the Courts must consider only the interest of the minor while permitting a guardian to dispose of any property in which the minor has an interest. The appellant's mother is categorical that the appellant is born out of wedlock because the father is married to another and that the subject property and the other property [in No.5/2C of Hebbagodi, Municipal Limits, Attible Hobli, Anekal - 7 - HC-KAR NC: 2025:KHC:27098-DB MFA No. 7121 of 2024 Taluk, Bengaluru Urban District] are executed to protect the minor’s interest. The appellant is aged 10 years and must pursue education, and every asset, subject to just exceptions, must be applied in that regard. 5. The request on behalf of the appellant for permission to sell the subject property must be considered in these circumstances as also the assertion that his mother is a homemaker and she does not have any source of income. Further, she proposes to capitalize the subject property and invest every rupee received as price with a Nationalized Bank with liberty to draw periodically accrued interest to meet the educational expenses. This Court is of the view that the civil Court has not considered all material circumstances, and in fact, all material circumstances were not brought before the Family Court inasmuch as the details of the property in No.5/2C of Hebbagodi, Municipal Limits, Attible - 8 - HC-KAR NC: 2025:KHC:27098-DB MFA No. 7121 of 2024 Hobli, Anekal Taluk, Bengaluru Urban District were not placed on record. Therefore, this Court must intervene and allow the appeal and the application permitting the appellant's mother to sell the subject property, but on terms, and hence, the following: ORDER The appeal is allowed, and the civil Court's impugned order dated 19.09.2024 in G&Wc. No.5017/2023 on the file of the III Additional District and Sessions Judge, Bengaluru Rural District, Anekal is set aside and the appellant’s petition under Section 8(2) of the Guardians and Wards Act, 1890 is allowed, permitting the appellant’s mother to sell the subject property on the following terms: i. The appellant's mother shall bring the subject property to sale after due publication of such intention in a - 9 - HC-KAR NC: 2025:KHC:27098-DB MFA No. 7121 of 2024 widely circulated English daily, Bangalore Edition mentioning these proceedings. ii. The appellant's mother shall receive the agreed consideration for the subject property from the purchaser, only by the instrument drawn in favour of the appellant. iii. The sale price so received shall be deposited with a Nationalized Bank. iv. The appellant’s mother is permitted to withdraw quarterly, the accrued interest on such deposit. This deposit shall be for the tenure until the appellant attains the age of majority. v. The appellant’s mother shall not create any interest in the other property in No. 5/2C, Hebbagodi, Municipal Limits, Attible Hobli, Anekal Taluk, Bengaluru Urban - 10 - HC-KAR NC: 2025:KHC:27098-DB MFA No. 7121 of 2024 District without prior permission as is required. vi. The application [I.A.No.2/2024] for permission to produce additional documents is allowed. RB Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE