9

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)

Mrs. Rukkumani ... Petitioner

-Vs-

Mrs. Gomathi ... Respondent

PROOF AFFIDAVIT FILED BY THE PETITIEONER

I, Rukkumani, W/o. Mr.Sundharam, Hindu, aged about.51 years, residing at 18/20,

Police Kandhasamy Street, Ramanathapuram, Puliyakulam, Coimbatore-641 045, do here
by solemnly affirm and state as follows

1. I am the deponent herein and the petitioner the main petition.

2. I have filed the above petition for permission to sell my sister share of the petition
mentioned property.

3. I submits that the property morefully mentioned in the schedule hereunder was
originally belonged to my mother Nachammal by virtue of Final decree passed in partition
suit dated 30.11.2004 in I.A.No.414/2002 in O.S.No.117/2000 by The Hon'ble III
Additional Subordinate Judge, Coimbatore. Subsequently Nachammal executed a Will on
29.01.2007 infavour of me, Dhanalakshmi and Sarojini (mentally ill person) and as per the
Will myseU: Dhanalakshmi and Sarojini (mentally ill person) are entitled to 1/3 share in
the petition mentioned property each of them.

'.
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4. The said Nachammal died on 28.05.2009 leaving behind her daughters namely
Rukkurnani (Myself), Dhana1akshmi and Sarojini as her legal heirs. After the death of
Nachamma1, Ruckkumani, Dhanalakshmi and Sarojini (mentally ill person) are entitled to
undivided 1/3nt equal share over the petition mentioned property.

5. I submit that one of the my sister i.e., Dhanalaksmi executed the settlement deed
dated 27.08.2020 registered as Doc.No.2795/2020 in Pee1amedu SRO, Coimbatore
rd
infavour ofme under which she settled her undivided 113 share to me. Subsequently, I am
having 213 rd share over the petition mentioned property. Now I decided to sell the petition
mentioned property along with her sister Sarojini' s share.

6. I submit that the respondent decided to purchase the petition mentioned property for
a sum of Rs. 11,40,000/- (Rupees Eleven Lakhs Fourty only) with the condition that the
court permission is to be obtained by me to sell 113 rd share ofSarojini (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, me and the respondent
entered into a Memorandum of understanding on 04.07.2023.

7. I submit that my sister Sarojini is unmarried and suffers from an Intellectual

Disability (Mental Disability). 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. I require money to maintain
my 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. I submit that I has no adverse interest against the ill minded person and filing this
petition only for my sister welfare. I am willing to comply with any suitable direction of
this Hon 'ble Court regarding the application of sale proceeds of the property of Sarojini' s
I/3 rd share over the petition mentioned property. Already the petitioner moved National
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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 issued infavour of petitioner.
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 'hie Court to hold a judicial
inquisition into the mental condition of Sarojini. I am 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. I submit that my sister Sarojini (mentally ill person) is wunarried and has no
relatives or friends with vested interest to take care and I am only taking care of all her
needs and necessities. The said Sarojini is in custody of me. I am also undertaking to take
care my 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 myself is not in
position to renovate the house, hence she decided to sell the petition mentioned property.

10. I submit that the I have 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 my sister.

11. I submit 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 I/3ro share in the
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rd
petition mentioned property but on the other hand if undivided I/3 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, I have come
forward with the above petition seeking pennission to deal with the Sarojini's (mentally ill
person) undivided I/3 rd_share in the petition mentioned property by way of sale. Unless I
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am permitted to sell the Sarojini's (mentally ill person) undivided I/3 share in the petition
mentioned property, both the myself and Sarojini (mentally ill person) will be put to
irreparable loss and hardship.
Therefore, it is prayed that this Hon'ble court may kindly be pleased to number the
main petition and pass suitable order and render justice.

Solemnly affirmed and signed before me

At Coimbatore On 11.12.2023

~-{~ 7
AD~ATE, Coimbatore
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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

PROOF AFFIDAVIT