Petition For Permission To Sell Minor’s Property Under The Guardians And Wards Act Deed Format

Petition For Permission To Sell Minor’s Property Under The Guardians And Wards Act

Petition For Permission To Sell Minor’s Property Under The Guardians And Wards Act Deed Format

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 AB, a minor resident

    at ………………

And

 In the matter of permission to sell the

 said minor’s property.

The humble petition of CD, the certificated

guardian of the said minor

The applicant above-named states as follows:

1. That by an order made the ………… day of ……… your petitioner was appointed guardian of the person and properties of the minor CD. The said order is still in force and virtue and your petitioner is administering the estate of the said minor as his statutory guardian. Your petitioner has kept proper account of the said estate up to date and filed the same in court from which it will appear that the funds in the hands of your petitioner is                                   Rs. ……………………  only.

2. That at the date of appointment the estate of the minor which consists of inter alia one-fourth share in premises No. …… was indebted to one XY of No. ………… to the extent of
Rs. ……… being, his proportionate share of liability under a mortgage dated ………… executed by the father of the minor which now comes to Rs. ………… inclusive of interest calculated up
till …… .

3. That the said XY who instituted a suit being Title Suit No. ……… of ……… in the court of ……… for enforcement of the said mortgage and obtained the preliminary decree for
Rs. ………… on the ……… day of ……… is now threatening to apply for final decree for sale of the property.

4. That in the circumstances aforesaid and in the best interest and for the benefit of the said minor, your petitioner and other co-sharers of the said minor who are liable to pay three-fourths share  of the said debt, have agreed to sell the property for the sum of
Rs. ………………… privately which would leave a margin of Rs. ……… in their hands after satisfaction of the mortgage debt out of which a sum of Rs. ………… will come in the hands of your petitioner being the proportionate share of the said minor in the surplus sale proceeds. An affidavit by the intending purchaser of the property for Rs. ……… is filed herewith.

5. That the residential house of the said minor, viz., premises No. ……… is in urgent need of repairs without which the same will be unfit for habitation and unless certain urgent repairs are immediately executed a portion thereof may also collapse very shortly. The estimated costs of such repairs are Rs. ……… as will appear from the certificate of the engineer hereunto annexed and marked A. The minor has no resources to execute the said repairs at present as appearing from the account filed as aforesaid.

6. That the market value of the property intended to be sold would be Rs. ……… as will appear from the certificate of the valuer hereunto annexed and marked B, and the same at present fetches no income.

7. That this application is made bona fide and in the interest of and for the benefit of the minor.

Your petitioner therefore 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 necessary conveyance.

(ii)         Your petitioner be at liberty to redeem the proportionate mortgage debt of the minor in respect of 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 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 knowledge.

I sign this verification on this ………… day of ………… 1999.

Before me                                                                                 Signature of AB

Notary                                                                                     Signature of Advocate

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