5-GP-25-26 (2).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION GUARDIANSHIP PETITION. NO. 25 OF 2026 Anita Prafulla Sahasrabuddhe ...Petitioner Versus Aarya Prafulla Sahasrabudhe (minor) ...Respondent _______ Mr. Saurabh Oka, for Petitioner. _______ CORAM: AARTI SATHE, J. DATE: 24 SEPTEMBER 2026 P.C. 1. The present petition is filed under Section 7 of the Guardians and Wards Act, 1890, read with Section 8 of the Hindu Minority and Guardianship Act, 1956, seeking the appointment of the Petitioner as the guardian of Miss Arya Sahasrabudhe, (“the minor”) daughter of the Petitioner and her deceased husband, late Mr. Prafulla Sharad Sahasrabudhe. 2. The Petitioner is the mother and natural guardian of the minor. The Petitioner is a widow, her husband, late Mr. Prafulla Sharad Sahasrabudhe, having expired on 28th June 2025. Prior to his demise, the deceased was residing at Tower 1A-0305, Tata Serene CHS Limited, Pokhran Road No. 2, Opposite Bethany Hospital, Thane (West) – 400610. Page 1 of 5 Mane JYOTI RAJESH MANE Digitally signed by JYOTI RAJESH MANE Date: 2026.09.29 11:00:27 +0530 5-GP-25-26 (2).DOC 3. In view of the demise of the minor’s father, the Petitioner, being the mother and natural guardian of the minor seeks to be appointed as the guardian of the person and property of the minor in accordance with law. 4. The Petitioner submits that Late Mr. Sharad Gajanan Sahasrabudhe was the grandfather of the minor. The said Late Mr. Sharad Gajanan Sahasrabudhe was the owner of 50% undivided share and interest in Flat No. 13, admeasuring approximately 500 sq. ft. carpet area, situated in the building known as “Pradnya”, forming part of Chintamani Ganesh Baug Co-operative Housing Society Ltd., situated at G. K. Gokhale Road, Mulund (East), Mumbai – 400081 (hereinafter referred to as “the said Flat”). 5. The Petitioner submits that Late Mr. Sharad Gajanan Sahasrabudhe expired on 12th June 1995, leaving behind his widow, Smt. Sumati Sharad Sahasrabudhe, his two married daughters, namely, Smt. Jyoti Shrikant Bedekar and Smt. Pratibha Kaustubh Sandwadkar, and his son, the deceased husband of the Petitioner, late Mr Prafulla Sharad Sahasrabudhe, as his legal heirs. 6. The Petitioner further submits that, upon the demise of the Petititoner’s husband by succession thereto, Smt. Sumati Sharad Sahasrabudhe, Smt. Jyoti Shrikant Bedekar, Smt. Pratibha Kaustubh Sandwadkar, the Petitioner, her son Master Pranav Prafulla Sahasrabudhe, and the minor Miss. Arya Sahasrabudhe are presently the surviving legal heirs and successors (hereinafter referred to as “the legal heirs”) in respect of the estate and the said flat. The aforesaid persons are jointly entitled to and have an interest in the said flat, subject to their respective shares and rights under the applicable law. Page 2 of 5 Mane 5-GP-25-26 (2).DOC 7. The Petitioner further submits that all the legal heirs hereinabove named have mutually agreed and intend to sell the said Flat. The Petitioner further submits that her major son, Master Pranav Prafulla Sahasrabudhe, has voluntarily given his consent by way of an Affidavit in favour of the Petitioner for her appointment as the guardian of his minor sister, Miss Arya Sahasrabudhe, and has consented to the proposed sale of the said flat, subject to the orders and directions of this Court and in accordance with law. 8. The Petitioner submits that the legal heirs referred to hereinabove have entered into a Memorandum of Understanding (MOU) with the proposed purchaser, Smt. Anuja Vinayak Kulkarni, in respect of the proposed sale of the said Flat. The said MOU records the terms and conditions agreed upon between the parties in relation to the proposed sale of the said flat. 9. The Petitioner, therefore, now intends to be appointed as guardian of the minor daughter and specifically has moved this petition for the purpose of allowing the sale of 3.125% share of the minor daughter, Miss Arya Sahasrabudhe in the said flat. 10. In the aforesaid circumstances and having regard to the welfare and best interest of the minor daughter, the Petitioner seeks intervention of this Court and appropriate orders under the provisions of Guardians and Ward Act. 11. Having perused the averments made in the petition and having considered the documents annexed thereto, this Court is of the view that the Petitioner has made out a case for grant of the reliefs sought in the present petition. Mane 5-GP-25-26 (2).DOC Considering that the minor’s interest in the said flat is to the extent of 3.125% share, and considering that the welfare and future of the minor is to be secured, this Court is of the view that upon the sale of the said Flat, the minor’s share be invested in fixed deposit with a nationalized bank which will earn interest. It is further clarified that the liability towards capital gains tax or any other statutory liability under any other law which may arise on account of sale of the said Flat would be discharged by the Petitioner and the other legal heirs out of their share after the sale of the said Flat, and shall not be taken from the share of the minor, which will be re-invested in fixed deposit with nationalized bank, which will earn interest. 12. Accordingly, the reliefs prayed for in the petition are liable to be granted in favour of the Petitioner. 13. The Guardianship Petition is made absolute in terms of prayer clauses (a) (b) and (c) which read thus: “a. Notice under Section 11 of the Guardians & Wards Act,1890 be dispensed with, and this Hon’ble Court be pleased to appoint the Petitioner as guardian of the person and property of the minor. Miss Aarya Prafulla Sahasrabudhe being 3.125% share in Flat No.13, admeasuring 500 Sq. Ft.(Carpet) in building known as Pradnya in Chintamani Ganesh Baug C.H.S. Ltd., situated at G. K. Gokhale Road,Mulund (East), Mumbai 400081, in the registration District and Sub-District of Mumbai City and Mumbai Suburban standing thereon; b. This Hon’ble Court be pleased to authorize the Petitioner to sign and/or execute and/or register all deeds, documents,including the Sale Deed, Agreement for Sale in respect of Flat No.13, admeasuring 500 Sq. Ft. (Carpet) in building known as Pradnya in Chintamani Ganesh Baug C.H.S.Ltd., situated at G. K. Gokhale Road, Mulund (East),Mumbai 400081, in the registration District and Sub¬District of Mumbai City and Mumbai Suburban standing thereon as well as to execute consequential documents namely Power of Attorney, Indemnity Bond etc., if so required; c. That the Petitioner be permitted to invest the Minor’s share i.e. an amount of Rs.3,43,750/- (Three Lakh Forty-Three Thousand Seven Hundred and Fifty Only) by depositing the same in a Fixed Deposit for a period of twelve months;” Mane 5-GP-25-26 (2).DOC 14. The Guardianship Petition is disposed of in the aforesaid terms. No costs. 15. Parties to act on authenticated copy of this order to take further steps. (AARTI SATHE, J.) Mane