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 2nd 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 Bharati 10 - MP-9-2026.DOC 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 Bharati 10 - MP-9-2026.DOC 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. 8. Hence, the Miscellaneous Petition is made absolute in terms of prayer Clauses (a), (b) and (c) which read thus:- Bharati 10 - MP-9-2026.DOC (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 2nd 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.) Bharati