Vikas Bahl, J. - (1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 02.02.2019 (Annexure P-5), orders dated 28.08.2019, 27.09.2019 and 23.11.2020 (Annexure P-6, Colly) passed by the learned Civil Judge (Senior Division)/ Guardian Judge, Faridabad directing the petitioners to implead the natural father and grandparents of the minors as party to the petition, by observing that the said persons are necessary parties for the just decision of the case.
(2.) The facts as per the case set up by the petitioners which are apparent from the averments made in the revision petition and also from the brief synopsis handed over by the learned Senior Counsel for the petitioners, are stated hereas under:- JUDGEMENT_63_LAWS(P&H)7_2021_1.html
(3.) Mr. Puneet Jindal, learned Senior Advocate appearing for the petitioner has relied upon the settlement dated 23.08.2007 (Annexure P1), order passed by this Hon'ble High Court dated 19.11.2015 (Annexure P-2), Allotment Letter of plot dated 09.05.1989 (Annexure P-4) and has also referred to the application dated 14.05.2018 (Annexure P-3) filed under Section 8 of the Hindu Minority and Guardianship Act, 1956 (hereinafter to be referred as "the Act of 1956"). The averments of the said application have been highlighted and it has been stated that after the death of Preeti Dawar, share of Preeti was transferred in the name of Baby Kashish Arora and Baby Gayatri Arora and that the petitioners are in great need of money and are therefore, intending to sell the property. Learned Senior Counsel has further placed reliance on the provision of Section 8 of the Act of 1956, which reads as under:- "8. Powers of natural guardian.- (1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor's estate; but the guardian can in no case bind the minor by a personal covenant. (2) The natural guardian shall not, without the previous permission of the court,- (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the minor; or (b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority. (3) Any disposal of immovable property by a natural guardian, in contravention of sub-section (1) or subsection (2), is voidable at the instance of the minor or by any person claiming under him. (4) No court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2) except in case of necessity or for an evident advantage to the minor. (5) The Guardians and Wards Act, 1890 (8 of 1890), shall apply to and in respect of an application for obtaining the permission of the court under sub-section (2) in all respects as if it were an application for obtaining the permission of the court under section 29 of that Act, and in particular- (a) proceedings in connection with the application shall be deemed to be proceedings under that Act within the meaning of section 4A thereof; (b) the court shall observe the procedure and have the powers specified in sub-sections (2), (3) and (4) of section 31 of that Act; and (c) an appeal shall lie from an order of the court refusing permission to the natural guardian to do any of the Acts mentioned in sub-section (2) of this section to the court to which appeals ordinarily lie from the decisions of that court. (6) In this section, "Court" means the city civil court or a district court or a court empowered under section 4A of the Guardians and Wards Act, 1890 (8 of 1890), within the local limits of whose jurisdiction the immovable property in respect of which the application is made is situate, and where the immovable property is situate within the jurisdiction of more than one such court, means the court within the local limits of whose jurisdiction any portion of the property is situate." ;