Bombay HC grants mother permission to sell property shares for autistic child's rehabilitation

The Bombay High Court has appointed a woman as the guardian of her twin children, aged 15, one of whom is autistic. The court has granted her permission to sell their share in immovable properties, allowing her to utilize the proceeds for relocating to a specially-abled community in Hosur, Tamil Nadu.

Justice Riyaz Chagla, in an order dated October 19, expressed satisfaction with the reasons provided for appointing the petitioner as the guardian.

"I am satisfied with the reasons given for the petitioner to be appointed guardian to take care of the said minors, including one who is specially abled and is on the autism spectrum and for which arrangement is required to be made for her upbringing and welfare,'' said Justice Riyaz Chagla in the October 19 order, TOI quoted.

According to PTI reports, the petition, filed under the Guardians and Wards Act, revealed that the petitioner, a resident of Goregaon, lost her husband in November 2008. Given that her daughter requires full-time care, the petitioner sought approval to sell their properties. The funds generated would be used to move to a 45-acre gated community being constructed in Hosur. This community is designed to cater to individuals with specific disabilities, offering a holistic living environment with opportunities for learning, connection, and safety. Eshaan Saroop, the mother's advocate, explained that selling the property as a whole would provide a one-time realization of its value. The income generated would be exclusively dedicated to the benefit of the minor children, facilitating the purchase of a unit in the proposed community. To cover recurring expenses amounting to approximately Rs 1.25 lakh per month, the petitioner is required to maintain around Rs 3 crore in a trust.

Justice Chagla took note of the petitioner being the natural guardian of the minors and highlighted the no-objection given by the older son, aged 24, to her petition. The court granted permission to sell two flats in Goregaon (East), one in Kandivli (East), and approximately two acres of land in Nagpur. Additionally, the mother is authorized to handle the minors' share in financial assets.

The court emphasized that this decision is in the best interests of the minors, ensuring continued care for the daughter with special needs beyond the petitioner's lifetime or in case of unforeseen circumstances.