PETITION FOR PERMISSION TO
SELL MINOR'S PROPERTY UNDER THE GUARDIANS AND WARDS ACT [CD1]
Act
VIII of 1890 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,
………………………………………….…….., 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............ 20…...
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 desired sale.
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