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

Firstly before going to the actual format of a Petition Under Under Section 31 of Guardians & Wards Act 1890 in the case of Muslim for grant of permission to sell the Property of Minors we will discuss about the need of this. 

As per the provision of Guardianship  & wards Act 1890, 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 CIVIL JUDGE, SENIOR  DIVISION,____

                             

In the matter of :

 

Smt. Aaisa

                                                                               ....Petitioner

                                              Versus

1-        General Public

2-       The state of Haryana through Collector, Faridabad

                                                      …..Respondents

Petition Under Section 31 of Guardians & Wards Act 1890 for grant of permission to sell the Property of Minor Samim Khan son of Late Hakim
 

R/Sir,

             The petitioner most humbly submits as under :

1-   That Samim Khan minor son of late Hakim is aged about 7 years old and the petitioner is the real mother, next friend and natural guardian of the minor.  

2-   That the said minor is recorded as owner in possession to the extent of 1/3rd share of the total share 3 Kanal 19 Marlas, out of the  agricultural land bearing Khewat No. ___, Khatoni No. ___, Rect No. ________ total area measuring 15 Kanals and 18 Marlas which is situated within the revenue estate of village______. The photocopy of the Jamabandi for the year 2003-2004 and copy of the Mutation No. ____dated 10-02-2008 are enclosed herewith as Annexure P-1 & P-2 and the said minor is also recorded as owner in possession to the extent of 1/3rd share of the total share 1 Kanal 13 Marlas out of the agricultural land bearing Khewat No._____, Khatoni No. 279, Rect No.70, Killa No. 22/1(6-13), which is situated within the revenue estate of village ______. The photocopy of the Jamabandi for the year 1996-97 and copy of the Mutation No. _____ dated 20-03-2008 are enclosed herewith as Annexure P-3 & P-4.  

3-   That the petitioner is the mother of the said minor and is the natural guardian of the minor and the petitioner is looking after and maintaining him and she has no any independent and sufficient source of income to maintain the minor and is not in position to give him a proper and healthy upbringing including quality education, good food, shelter and house because the father of the minor has already been expired on 25-05-2008. The photocopy of the death Certificate of Late Hakim is enclosed as Annexure P-5.

Also read this Petition under section 8 of Hindu Minority & Guardianship act for permission to sale the property of minors namely ______


4-   That the property as mentioned in para No.2 of this petition is a valuable property and at present the said property is being offered a good price in the market and the petitioner being devoid of any sources of income and for reasons as mentioned in Para No. 3 seeks permission from this Hon’ble court to alienate/sell the share of the minor and undertakes that she will utilize the said sale consideration/proceeds for the proper education, good food, shelter and comfortable living and betterment of the minor and shall also purchase some good land in the name of minor near the village and residence of the minor so that she could look after and maintain the same and as well she will ensure that the future prospects of the minor are safe and secured.

5-   That the petitioner is fittest lady to be appointed as a lawful guardian of the minor being his mother, next friend and natural guardian and their father has already been expired.

6-   That on _______ some prospective buyers of the said property approached the petitioner and offered good prices and on dated _____ when the petitioner contacted the sub Registrar’s office, Faridabad she was advised to obtain a permission to sell the same from this Hon’ble court. Hence this petition.

7-     That the interests of the petitioner are not adverse to that of the minor.       

8-     That no court has appointed any guardian of the minor.

9-     That there are no any legal impediments why the relief sought for is not granted to the petitioner.

10-    That there is no any petition either decided by any court or is pending in any court in India.

11-  That the property in question is situated within the territorial jurisdiction of this Hon’ble court hence this Hon’ble court has got this Hon’ble court has got the jurisdiction to try and entertain the present petition.

12-         That a fixed court fees has been paid on the petition.

PRAYER:

                       It is, therefore, respectfully prayed that the permission to sell the share of the minor namely Samim Khan son of Late Sh. Hakim which is fully mentioned in Para No.2 of the plaint may kindly be granted in favor of Smt. Aaisa i.e. the petitioner and she may kindly be appointed as guardian of the said minor for the purpose of sell of the shares of the minor accordingly.                                                                                                                                         Petitioner 

                                                            Smt. Aaisa

Through Counsel:

       

Verification:- Verified that the contents of pars No.1 to 10 of the petition are true and correct to best of my knowledge and paras Nos. 11 and 12 of the petition are true to best of our belief and on the information received. The last para is the prayer para. Verified at   

                                                                     Petitioner

 

 

(Affidavit in support of petition)

IN THE HON’BLE COURT OF CIVIL JUDGE, SENIOR DIVISION,____


In the matter of :


Smt. Aaisa               Versus          General Public  & Others

 

Petition Under Section 31 of Guardians & Wards Ac1890 for grant of permission to sell the Property of Minor Samim Khan son of Late Hakim

Affidavit


I, Smt. Aaisa______________________________, do here by solemnly affirm and declare as under:-


1-That the deponent/plaintiff has filed the present suit before this Hon’ble court and the contents of which may be read as a part and parcel of this affidavit. That the all contents of the suit have been explained by my counsel to me in a simple Hindi Versions which are accepted to me as true and correct.

                                                                              Deponent


Verification: Verified that the contents of this affidavit are correct and true to the best of my knowledge and belief and nothing has been concealed there in. Verified at…….


                                                                                  Deponent


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