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Petition Under Section 8 of guardian and wards act for permission for permission to sale the property of minors


Firstly before going to the actual format of a Petition Under Section 8 of guardian and wards act for permission for permission to sale the property of minors we will discuss about the need of this. 
As per the provision of H.M & Guardianship Act, the legal guardians of the minor cannot sale out the property of a minor without obtaining due permission from the competent court of law. Hence for taking permission, the legal guardian of the minors have to file a petition (undermentioned)  before the court of their jurisdiction. 


 

         
IN THE HON’BLE COURT OF ADD. CIVIL JUDGE (SR.  DIV.),                                                              

       Smt. Lalita

                                                                      ….. Petitioner.

                                    Versus.

    General Public.

                                                                                ….. Respondent.

 

Petition under section 8 of Hindu Minority & Guardianship act for permission to sale the property of minors namely _____

 

R/ Sir,

               The petitioner most respectfully submits as under:-

1-That the petitioner Smt. Lalita is mother, natural guardian and next friend of minors namely ____________. That the date of birth of minor daughter namely ______ is 12-07-2003 and date of birth of minor son namely ______ is 14-11-2008 and date of birth minor son ______ is 27-07-2015.The date of birth proof of the minors are enclosed herewith the petition.

2- That the minor children of the petitioner are the joint owners in possession of the property bearing its Khewat/Khata No. ____, Rect. No. 27, killa No. 17(8-0), 23(8-0), 24(8-0), Rect. No. 44, Killa No. 3(8-0), 4/1(6-7) total measuring 39 Kanal 7 Marla upto the extent of their 3/96th share which comes out to 1 Kanal 4 Marla, situated within the revenue estate of village ________ as per Jamabandi for the year 2015-16 and Mutation No. __________. The copy of jamabandi and mutation are attached herewith the plaint.

3- That the father of the petitioner namely Late Mahender has been expired on 13-08-2017 and after the death of their father the minor children of the petitioner are joint owner in possession of the property detailed in para no. 2 of the petition and the petitioner wants to sell the above said property as such the said properties are small piece of land and is not giving good dividend to the petitioner and their family. The land detailed in para no. 2 of the petition is not fit for agriculture purpose and has become unprofitable. The land mentioned in para no. 2 of the petition is fetching a good market value in the area. The sale of land is in the interest of minors.

Also read this Petition Under Section 31 of Guardians & Wards Act 1890 for grant of permission to sell the Property of Minor

4- That the petitioner will spent the amount of sale for the better education and repair of the house of the minors and now this land is bearing a good price which is beneficial to the minors as well as to the family of the petitioner and by selling the above said land, the petitioner wants to raise funds in the name of the minors. The petitioner will also purchase some other land from the remaining amount of sale consideration.

5- That the petitioner is the natural mother of the minors and the interest of the minors is not adverse to the interest of the petitioner. The petitioner will spent the amount of sale for purchasing land in the name of the minors and also for the better education of the minors. The father of the minors has already been expired.

6- That the petitioner will be abide by all the terms and condition which the hon'ble court will like to direct the petitioner.

7-  That the proposed alienation of the land is for the benefit of the minors and minors will gain in this alienation and will lose nothing.

8-  That the property is situated and the petitioner resides within the territorial Jurisdiction of this Hon’ble court, hence this Hon’ble court has got jurisdiction to grant permission to sale the land of minor.

9-  That there is no any impediment for granting permission to sale the property of minors.

10- That a court fee of Rs.10/- has been paid on the petition.

11-That the petitioner therefore, prays that necessary permission for selling the land of the minors mentioned in para no. 2 of the petition, may kindly be granted to the petitioner on such terms and conditions which this Hon’ble court deems fit and proper in the interest of minors.

               Or any other relief which this Hon’ble court deems fit and proper may also be awarded to the petitioner.

                                                                  


           Petitioner 

                                                                 Smt. Lalita                                                                                                              

         THROUGH COUNSEL.



           

 

 

 (Affidavit in support of Petition) 

 



IN THE HON’BLE COURT OF ADD. CIVIL JUDGE (SR. DIV.),


          Smt. Lalita                          Versus                  General Public.

    

   Petition under section 8 of Hindu Minority & Guardianship act for permission to sale the property of minors namely _______

AFFIDAVIT.


I, Smt. Lalita __________________________________, do hereby solemnly affirm and declare as  under:-

 

1. That the deponent has filed the above title petition before this Hon’ble Court and the contents of the same have been read over and explained to me by my counsel in Simple Hindi language, and the same are true and correct.

                                                                        DEPONENT.

VERIFICATION:-

                         Verified that the contents of the above said affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed therein. Verified at

Dated:                                                                                 

                                                     DEPONENT

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