PETITION FOR PERMISSION TO
SELL MINOR'S PROPERTY UNDER THE GUARDIANS AND WARDS ACT [CD1]
Case No. …………………………………………………………………….………..
In the Court of the District
Judge
........................................at.......................
In the matter of the Guardians and Wards Act
VIII of 1890 And In the matter of s. 29 of the said Act
And
In the matter of ………………………….………., a minor resident
at............................................... And In the matter of
permission to sell the said minor's property.
The
humble petition of A,
the certified guardian of the said minor . The applicant above-named
states as follows:
1.
That by an order made the
............ day of................... your petitioner was selected guardian of
the person and properties of the minor A, which order is still enforceable and
petitioner is governing the property of the said minor as his mandatory
guardian. petitioner has kept proper account of said property up to date and
presented the same in court from by which it is clear that funds in the hands
of petitioner is Rs......................... only.
2.
That at the time of
appointment the property of minor which having of inter alia one-fourth share
in premises No....... was indebted to one B of No. ……………............ to the
tune of Rs. …………......... being, his divided share of liability under a
mortgage dated ......................... executed by the father of minor which
now comes to Rs......................... including interest calculated up
till.......
3.
That the said B who filed a
suit bearing Title Suit No. ................................. of …………….........
in the court of …………………........... for enforcing said mortgage and got the preliminary decree
for Rs................. on the ......... day of......... is now threatening in
applying for final decree for vending of property.
4.
That in above stated
circumstances and in the best interest /benefit of the said minor, petitioner
and other co-sharers of said minor, liable paying three-fourths share of the
said debt, have consented to sell the property for Rs. .....................
privately, leaving a margin Rs. ......... with them after paying the mortgage
debt out of which a sum of Rs. ............ will come in the hands of
petitioner being the proportionate share of the said minor in the surplus sale
proceeds. An affidavit by the purchaser of intending property Rs. ......... is
filed herewith.
5.
That residential house of
said minor, i.e., premises No……………......... is in immediate repairs without
repair the same will be unfit for habitation and until certain urgent repairs
are immediate carried on a portion also fall very soon. The likely costs of
such repairs are Rs. …………....... as will appear from certificate of the
engineer hereunto unclosed and marked Z. The minor having no money to execute
the said repairs presently as appearing from the account filed as stated above.
6.
That the market value of the
property desired to be sold would be Rs...................... as given in the
valuation certificate annexed and marked B, and the same at present gives no
income.
7.
That this application is
made bona fide with interest of and benefit of minor. Petitioner hence prays:
(i) Leave be granted to your petitioner to sell the undivided one-fourth share
of the minor in the property described in Schedule A to ........... or any other
person or persons at a price not less than Rs…………............ and to execute
and register the compulsory conveyance. (ii) Your petitioner be at liberty to
redeem the proportionate mortgage debt of the minor relating the said premises
out of the proceeds of such sale and apply the balance towards the costs of
repairs to the residential house of the said minor. (iii) Further order or
orders be made and directions given, as may appear just and proper and your
petitioner as in duty bound shall ever pray. THE SCHEDULE Verification I, AB,
son of......... aged about ............ years residing at
.............................................................................................
by occupation service do hereby solemnly affirm and say as follows: I am the
petitioner above-named. I know and I have made myself acquainted with the facts
and circumstances of this case and I am able to depose thereto. The statements
in paragraphs 1 to 7 and the Schedule hereinabove of the petition are true to
my best knowledge based on information derived from records in my possession,
proceedings before this Learned Court. Orders and Valuation Report and believed
by me to be true and that I have not suppressed any material fact. The
statements hereinabove are true to my best knowledge. I sign this verification
on this ............ day of............ 1999. Signature …… Signature of
Advocate Before me
Notary
N.B. There shall be two affidavits from two
independent persons as to what is the estimated value of the property and
advantage/benefit of desiredsale.
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