Extracted from the PDF above. The PDF is authoritative.
OD-4
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE
AGL/1/2026
IN THE MATTER OF:
MS. SIDDHI AGARWAL AND IN THE MATTER OF:
SMT. NISHA AGARWAL
BEFORE:
The Hon’ble JUSTICE ARINDAM MUKHERJEE Date: 16th September, 2026. APPEARANCE: Mr. Tanish Ganeriwala, Adv. Mr. Shiv Ratan Kakrania, Adv. For the petitioner. The Court:- Pursuant to the order dated 9th September, 2026, the petitioner has served a copy of the application on Mr. Sunil Agarwal who is personally present in Court. Mr. Sunil Agarwal has produced his Aadhaar Card bearing No. 5865 1185 7619 with his address C/o. Madan Lal, 8 Banstala Gullee, Barabazar, Kolkata, West Bengal-700007 in support of his identity. A photocopy of the Aadhaar Card counter-signed by Mr. Sunil Agarwal is retained with the record and the original produced in Court is returned back. In this application which is under Section 8 of the Hindu Minority and Guardianship Act, 1956, Smt. Nisha Agarwal as the mother and natural guardian of a minor female child namely Siddhi Agarwal has sought
2 permission of this Court to sell the undivided 1/6th share of the minor in premises No. 152, Rabindra Sarani, Kolkata-700007 (hereinafter referred to as the said property). It is the case of the natural guardian on behalf of the minor that the minor’s father Vinod Agarwal being the husband of the natural guardian was owner of undivided 50% of the said property. The other 50% of the said property is owned by Sunil Agarwal, the brother of Vinod Agarwal being the minor’s deceased father. Vinod Agarwal died intestate on 10th December, 2022 leaving behind his widow (Nisha Agarwal) and daughters Riddhi Agarwal and Siddhi Agarwal. Riddhi Agarwal is a major. In view of the provisions of Section 8 of Hindu Succession Act, 1956 read with schedule appended thereto, the widow and the two daughters are the legal heiresses of Vinod Agarwal since his mother (Sushila Devi Agarwal) has predeceased him. Sushila Devi Agarwal, according to Sunil Agarwal, who is incidentally one of the sons, has passed away on 18th September,
2018. Mr. Sunil Agarwal who is personally present in Court, on a query from the Court, has submitted that he is not interested to exercise any right of pre-emption in respect of the 50% share of his brother Vinod in the said property and in fact has agreed to sell the said property as a whole including his share with the heiresses of Vinod Agarwal. Mr.
Sunil Agarwal has also submitted that the family has received offers from prospective buyers and is considering the best available price for sale of the said property. In the aforesaid facts and circumstances, Smt. Nisha Agarwal, the mother and natural guardian of the minor Siddhi Agarwal, is permitted to
3 sell the 1/6th share of the minor (Siddhi Agarwal) in the said property at the best available rate. The 1/6th share of the consideration money receivable by selling the said property in entirety shall be kept in a fixed deposit bearing highest interest rate in a nationalized bank and be renewed from time to time by the mother and the natural guardian (Nisha Agarwal) of the minor female child till she attains her majority. Once the minor attains the majority, it will be open to the minor to take independent decision regarding her 1/6th share to be kept in the fixed deposit with all accruals thereto. The mother and natural guardian (Nisha Agarwal) of the minor female child (Siddhi Agarwal) is granted leave to execute the conveyance and open a new bank account for and on behalf of the minor in any nationalised bank for the purpose of selling the said property and keeping the 1/6th share of the minor in interest bearing fixed deposit account as directed. Nothing further remains to be adjudicated in this application. The application being AGL/1/2026 is disposed of. (ARINDAM MUKHERJEE, J.)
snn.