Widow allowed to sell flat for kids’ upbringing,education

District Judge Sunita Gupta allowed Karol Bagh resident Babita to sell her LIG flat at Dwarka.

A woman has been allowed by a Delhi court to sell her house,bought by her late husband and having the share of her two minor children,for their proper upbringing and education.

District Judge Sunita Gupta allowed Karol Bagh resident Babita to sell her LIG flat at Dwarka,saying she cannot be expected to have any adverse interest in selling the property with her kids too having share in it.

The court also stipulated that she will not sell the house for less than Rs 24 lakhs.

“I consider that petitioner (woman) is constrained to sell the undivided share belonging to the two minors in the property,for their legal necessity i.e. for proper upbringing,education and career of the minors. Accordingly,I allow the petition and petitioner is permitted to sell the property,” District Judge Gupta said.

Babita,wife of Praveen Kumar who died in February 2009,had approached the court seeking approval to sell the flat,purchased by her husband. After his death,she had got the flat transferred in her name and in the names of her two minor children – an 11-year-old daughter and a 15-year-old son.

The woman told the court that she has no source of income to bring up her growing children and to meet their day-to-day expenses including their education.

Seeking court’s permission to sell the flat,she said she tried to sell the property in the open market to enable her to buy another property so that she can earn something for the welfare of her children but the prospective buyer refused to purchase the same unless the court grants permission for it.

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“From the sale proceeds,the woman will purchase some better property in the name of the minors or alternatively she will deposit the shares of children in their names in fixed deposit/securities with any nationalised bank or post office till the period they attain their respective age of majority,” the court said.

The judge,however,permitted her to withdraw the interest amount on the fixed deposits/ securities and directed her to use the money for the education,welfare and upbringing of the kids.