Petition For Permission To Sell Minor's Property Under The Guardians And Wards Act Deeds Miscellaneous 1868 - Legal Draft
Home Forms ViewCategory : Deeds Miscellaneous
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.
occupation service do hereby solemnly affirm and say as follows:
I sign this verification on this day of 1999.
Before me Signature of AB
Notary Signature of Advocate