PETITION FOR PERMISSION TO SELL MINOR'S PROPERTY
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 sec. 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 _____, 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 ______, 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 _____ 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 a 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.
PRAYER
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 is at liberty to redeem the proportionate mortgage debt of the minor relating the said premises out of the proceeds of such sale and applies the balance towards the costs of repairs to the residential house of the said minor.
iii. Further order or orders be made and directions are 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 in 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
