Bombay HC allows mother to sell twins’ share in properties for autistic child’s rehab

Bombay HC allows mother to sell twins’ share in properties for autistic child’s rehab

The Bombay High Court has appointed a woman as the guardian of her twin children, including a daughter who is autistic, and has allowed her to sell their share in immovable properties to shift to a community for specially abled persons and their families in Hosur, Tamil Nadu.

The woman, a resident of Goregaon, had filed a guardianship petition under the Guardians and Wards Act, stating that her husband had passed away in 2008 and her daughter required full-time care due to her autism. She explained in her petition that a 45-acre gated community was being built in Hosur, where persons with certain disabilities could reside in a safe and conducive environment.

The woman’s advocate stated that she intends to sell the property as a whole and use the proceeds for the sole benefit of the minor children, as well as to purchase a unit in the proposed community. To cover recurring expenses, she would need approximately Rs 3 crore in a trust, which would be about Rs 1.25 lakh per month when she and her family move into the facility.

Justice Riyaz Chagla, in the October 19 order, acknowledged that the woman, being the mother of the minors, is their natural guardian, and considering her petition and the no-objection given by the older son, allowed her to sell two flats in Goregaon, one in Kandivli, and nearly two acres of land in Nagpur, as well as deal with the minors’ share in financial assets. Justice Chagla expressed satisfaction that this decision would be in the best interests of the minors, ensuring the daughter’s care beyond the mother’s lifetime or in case of any unforeseen circumstances.

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TIS Staff

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