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IN THE COURT OF THE DISTRI CT .JUDGE OF COIMBATORE

M.H.O.P.No. /2023

(In th e matter of Ms.Sarojini Aged 61 years- mentally ill person)

Mrs. Rukkumani ... Petitioner

-Vs-

Mrs. Gomathi ... Respondent

PETITION FILED UNDER SECTION 50 to 54 & 61 OF' 'IHE MENTAL HEALTH

ACT 1987

1. PETITIONER:-

Mrs. Rukkumani, W/o. Mr.Sundharam, Hindu, aged about 51 years, residing at

18/20, Police Kandhasamy Street, Ramanathapuram, Puliyakulam, Coimbatore-641 045.

The address for service of the petitioner is the same as above and care of
Mr.S.Allwin Nesan, BAL, L.L.B., Mr. V.Arunselvan, B.Com., LL.B., Advocates, 1561,
Willams Cottage, Trichy Road, Near Bharath Electronics, Coimbatore- 18.

2. RESPONDENT:-

Mrs.Gomathi, W/o. Mr.Rajan, Hindu, aged about 40 years, residing at Door No.
Old.No.167 New No.60/1, "Thamarai lllam", Subbaiyan Street, Ganeshapuram,
Ramana thapur~ Coimbatore-641 045.

The address for service of the respondent is the same as above

3. The petitioner submits that the property morefully mentioned in the schedule
hereunder i.e. 305 sq.ft was originally belonged to Nachammal, who is mother of the
petitioner, by virtue of Final decree passed in partition suit dated 30.11.2004 in
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I.A.No.414/2002 in O.S.No. l l 7/2000 by The Hon'ble III Additional Subordinate Judge,

Coimbatore. Subsequently Nacbanunal executed a Will on 29.01.2007 infavour of her
.•
daughters Ruckkumani (Pettttoner,
) Dbanalakshmi and saroJlDl·· ·(mentally ill person) and
• (P titioner)' Dhanalaksbmi ands aroJuu••. (mentally ill person)
as per the Will Ruckkumam e
are entitled to 1/3 share in the petition mentioned property each of them. The will has been
registered as Doc.No35/2007 tn • Jom • batore. The Copy of the Will
• t-I Sub-Registrar, Coun

ofNachammal is produced herewith as Doc. No.I.

4. The said Nachammal died on 2s.o5 •2oo9 leaving behind her daughters namely
Rukkumani, Dhanalakshmi and Sarojini as her legal heirs. The death and legal heir
certificates ofNachammal are produced herewith as Doc. Nos.2 and 3. After the death of
Nachammal, Ruckkumani (Petitioner), Dhanalakshmi and Sarojini (mentally ill person) are
enjoyed their undivided I/3 rd equal share over the petition mentioned property.

5. The petitioner submits that one of the petitioner's sister i.e., Dhanalaksmi executed
the settlement deed dated 27.08.2020 registered as Doc.No.2795/2020 in Peelamedu SRO,
Coimbatore infavour of her sister Rukkumani (petitioner) under which she settled her
undivided I/3 rd share to the petitioner. The copy of the settlement deed is produced
herewith as Doc. No.4. Subsequently, the petitioner is having 213 rd share over the petition
mentioned property. Now the petitioner herein has decided to sell the petition mentioned
property along with her sister Sarojini' s share.

6. The petitioner submits that the respondent decided to purchase the pennon
mentioned property for a sum of Rs. ll,40,000/- (Rupees Eleven Lakhs Fourty only) with
rd
the condition that the court permission is to be obtained by the petitioner to sell I/3 share
of Sarojini (mentally ill person). The price offered by the respondent herein is fair and
reasonable in the present market condition. For the proposed sale of petition mentioned
property, the petitioner and the respondent entered m·to a Memorandum of understanding
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on 04.07.2023. The Memorandum of understanding and the Computerized Guide line value
are produced herewith as Doc.Nos.5 & 6.

7. The petitioner submits that her sister Sarojini is unmarried and suffers from an
Intellectual Disability (Mental Disability) as evidenced by the certificate enclosed herewith
as Doc.No.7. The said Sarojini was treated for the mental disability and however her mental
condition continues to be the same. Therefore, the said Sarojini is incapable of managing
her affairs and maintain her properties. The petitioner requires money to maintain her sister
Sarojini for her regular treatment expenses and day to day expenses. Therefore, the sale of
the property of Sarojini' s share is necessary for her benefit.

8. The petitioner further submits that she has no adverse interest against the ill minded
person and her filing this petition only for her welfare. The petitioner is willing to comply
with any suitable direction of this Hon 'ble Court regarding the application of sale proceeds
of the property ofSarojini's l/3ro share i.e. 101.6 sq.ft over the petition mentioned property.
Already the petitioner moved National Trust for the Welfare of Persons with Autism,
Cerebral Palsy, the petitioner was appointed as Legal Guardian of Sarojini and certificate
dated 30.08.2023 is produced herewith as Doc.No. 8. As per law, the National Trust for the
Welfare of Persons with Autism, Cerebral Palsy has no right to give permission to sell the
mentally ill person's property. This Hon'ble court only has power to give permission to
sell the property. The said Sarojini is afflicted with mental illness and it has become
necessary to move this Hon'ble Court to hold a judicial inquisition into the mental
condition of Sarojini. The petitioner is competent to file this application. Moreover, all
possible treatments have been provided for Sarojini, the condition of Sarojini has not
improved in any significant manner.

9. The petitioner further submits that her sister Sarojini (mentally ill person) ts
unmarried and has no relatives or friends with vested interest to take care and the petitioner
is only taking care of all her needs and necessities. The said Sarojini is in custody of this
 4

petitioner. The petitioner also undertakes to take care her sister Sarojini in future. The
petition mentioned property is having more than 90 years old tiled house and the same is
in dilapidated condition and the petitioner is not in position to renovate the house, hence
she decided to sell the petition mentioned property.

10. The petitioner further submits that the petitioner has an undivided 213 rd share in the
petition mentioned property and if the share of Sarojini (mentally ill person) is separated,
the same cannot be sold nor utilized by Sarojini (mentally ill person) and also the purchaser
will not be in a position to enjoy the petition mentioned property which will result in the
cancellation of the transaction. At the same time if the share of the Sarojini (mentally ill
person) is also sold it will fetch them a better price. The sale proceeds falling to the share
of the Sarojini (mentally ill person) is invested in any of the Nationalized Bank will give a
regular monthly income and enable to take care of her.

11. The petitioner submits that the proposed sale of petition mentioned property is for
legal necessity and for the welfare of Sarojini (mentally ill person). The Sarojini (mentally
ill person) will not be put to any loss or detriment on account of selling their undivided
113 rd share in the petition mentioned property but on the other hand if undivided 113rd share
in the petition mentioned property is sold and invested in a Nationalized bank it will fetch
interest which can be utilized for the welfare of Sarojini (mentally ill person). Therefore,
the petitioner has come forward with the above petition seeking permission to deal with
the Sarojini's (mentally ill person) undivided 113 rd share in the petition mentioned property
by way of sale. Unless the petitioner is permitted to sell the Sarojini's (mentally ill person)
undivided 113 rd share in the petition mentioned property, both the petitioner and Sarojini
(mentally ill person) will be put to irreparable loss and hardship.

12. The cause of action for the petition arose on 29.01.2007 when the Nachammal
executed the Will in favour of her daughters Rukkumani, Dhanalakshmi and Sarojini, On
28.05.2009 when the Nachammal died, On 27.08.2020 when the Dhanalakshmi executed
 s

the settlement deed in favour ofRukkumani (petitioner); Subsequently on 04.07.2023 when

Memorandum of understanding entered into between petitioner and respondent and the
petitioner decided to sale her 2/3 00 share of the petition mentioned property along with
Sarojini's 1/300 share, on 30.08.2023 when National Trust For the Welfare of Persons with
Autism, Cerebral Palsy appointed the petitioner as Guardian and the petition mentioned
property is situated at Puliakulam Village, Coimbatore Taluk and hence well within the
jurisdiction of this Hon'ble Court.
13. The petitioner pays a court fee of Rs. 25/- under Article 11 (/)(ii) of Schedule II of
Tamil Nadu Court Fees and Suit Valuation Act, 1955.

14. Therefore, the petitioner prays that this Hon'ble Court may kindly be pleased to
permit the petitioner,

a) to sell the undivided 1/3 00 share of Mentally ill person Sarojini in the petition
mentioned property to the respondent herein.

b) to deposit a sum of Rs. 3,80,000/-i.e., 1/3 Mentally ill person's share of the petition
mentioned property in any one of the Nationalized Banks in the name of Sarojini (mentally
ill person).

c) to pass such other further order as this Hon'ble court deems fit and proper under the
circumstance of the case.

Advocate for Petitioner Petitioner

VERIFICATION
I, the petitioner herein above, do hereby declare that the facts stated above are true
to the best of my knowledge, faith and belief and I signed this verification at Coimbatore
on 11.12.2023.

Petitioner
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Petitioner
LIST OF DOCUMENTS

1. 29.01.2007 - Will executed by Nachammal infavour of Ruckkumani, Dhanalakshmi and

Sarojini (Xerox)
2. - Death certificate of Nachammal (Xerox)
3. - Legal heir certificate ofNachammal (Xerox)
4. 27.08.2020- Settlement deed executed by Dhanalakshmi infavour ofRuckkumani
(Xerox)
5. 04.07.2023 - Memorandum of understanding petitioner and Respondent (Original)
6. - Computerized Guideline Value (Online)
7. • - Disability certificate issued by Psychiatry for Sarojini (mentally ill person)
8. 30.08.2023 - Certificate issued by National Trust For the Welfare of Persons with
Autism, Cerebral Palsy (Xerox)
9. - Photos (Original)

/~
Advocate for Petitioner
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IN THE COURT OF THE DISTRICT

JUDGE OF COIMBATORE

M.H.O.P.No. /2023

(In the matter of Ms.Sarojini Aged 61

years- mentally ill person)

PETITIONER

Mrs. Rukkumani

-Vs-

RESPONDENT

Mrs.Gomathi

PETITION FILED UNDER SECTION 50

to 54 & 61 OF MENTAL HEALTH ACT,
1987

Pre.on

Address for service

S. ALLWIN NESAN, BAL, LLB., (MS.45/2001)

V. ARUNSELVAN, B.Com.,LLB., (MS.2428/2013)
8. HARITHARAN, B.A.,B.L., (MS.3057/2017)
S.KRISHNAMOORTHY,B.A.,B.L,(Ms.4120/2021)
S. SUOHA, M.Sc., Ll.B .. (MS. 4832/2021)
Advocates, AA LAW ASSOCIATES
No. 1508, 1st Floor, Nur Shrt Kar an Smart Super Store
Nadar Colony,Trlchy Road. Colmbalore-18,Cell:9368712225
E•mall: aalawmocl1t112001@gma1Lcom