IN THE COURT OF THE __________ AT __________
Guardianship (Miscellaneous) Application No. ____________ of 20______
APPLICATION UNDER SECTION 8(2) OF THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956, READ WITH SECTION 8(5) THEREOF AND SECTIONS 29 AND 31 OF THE GUARDIANS AND WARDS ACT, 1890, FOR PERMISSION TO SELL THE SHARE OF A MINOR IN IMMOVABLE PROPERTY
AND IN THE MATTER OF: the immovable property described in the Schedule below.
... APPLICANT
The applicant above named most respectfully submits as follows.
- 3. __________
- 13. The applicant is advised and believes that a disposal of a minor's immovable property by the natural guardian without the previous permission of the court is voidable at the instance of the minor, or of any person claiming under the minor, under Section 8(3) of the Hindu Minority and Guardianship Act, 1956, and that a title so acquired is not a marketable title. No sale deed in respect of the minor's said share has been executed, and none will be executed unless and until this Hon'ble Court grants permission.
- 14. The applicant is willing to abide by such conditions as this Hon'ble Court may impose under Section 31(3) of the Guardians and Wards Act, 1890, read with Section 8(5) of the Hindu Minority and Guardianship Act, 1956, including any condition that the sale shall not be completed without the further sanction of this Hon'ble Court, that the sale be made to the highest bidder at public auction, or that the whole or any part of the proceeds be paid into this Hon'ble Court.
- 15. This application is made bona fide and solely in the interest and for the benefit of the minor, and not for the benefit of the applicant. The requisite court fee has been paid. The applicant has filed with this application an affidavit in support and the documents listed below, and craves leave to produce such further documents and evidence as this Hon'ble Court may require.
PRAYER
The applicant therefore most respectfully prays that this Hon'ble Court may be pleased to:
(c) issue notice of this application to such relatives of the minor and to such other persons as this Hon'ble Court thinks fit under Section 31(4) of the Guardians and Wards Act, 1890;
(d) provide for the costs of this application; and
(e) pass such further or other order as this Hon'ble Court may deem fit in the interest of the minor.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL EVER PRAY.
SCHEDULE OF THE PROPERTY
DOCUMENTS FILED WITH THIS APPLICATION
_______________________________
Advocate for the Applicant
VERIFICATION
AFFIDAVIT IN SUPPORT OF THE APPLICATION
IN THE COURT OF THE __________ AT __________
Guardianship (Miscellaneous) Application No. ____________ of 20______
- 2. The contents of the accompanying application, including every paragraph of it, the Schedule of the property and the list of documents filed with it, have been read over and explained to me in a language I understand. They are true to my own knowledge and belief, and I adopt them as part of this affidavit as if set out here in full.
- 5. I have not executed any sale deed in respect of the minor's said share, and I shall not do so unless and until this Hon'ble Court grants permission.
- 7. I have not concealed any material fact, and I have disclosed all the property and means of the minor known to me and all the relatives of the minor who ought to receive notice of the application.
VERIFICATION OF THE AFFIDAVIT
_______________________________
OATH COMMISSIONER / NOTARY
(Seal and Registration No.)