Kaagazaat

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Application for Permission to Sell a Minor's Share

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  1. The court
  2. You, the guardian
  3. The minor and the share
  4. The proposed sale
  5. Grounds and the proceeds
  6. Signing and filing

Step 1 of 6

The court

Court to which the application is madeNeeded

For example: Jaipur

Why this court has jurisdictionNeeded
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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

IN THE MATTER OF: __________, a minor;

AND IN THE MATTER OF: the immovable property described in the Schedule below.

__________, aged about __________ years, __________, residing at __________, the natural guardian of the said minor

... APPLICANT

The applicant above named most respectfully submits as follows.

  1. This application concerns __________ ("the minor"), who was born on __________, is aged about __________ years, and resides at __________. The minor is a Hindu, and the Hindu Minority and Guardianship Act, 1956 applies to the minor and to the applicant.
  1. __________
  1. __________
  1. The minor is entitled to __________ in the immovable property more particularly described in the Schedule below ("the said property"). The said share is the minor's own property, held for the minor by the applicant as natural guardian, and is not an undivided interest in joint family property under the management of an adult member of the family.
  1. The minor became entitled to the said share __________. The particulars of that devolution are as follows: __________
  1. The other persons interested in the said property, and their respective shares, are as follows: __________
  1. Previous or pending proceedings relating to the minor or to the property of the minor: __________
  1. The applicant proposes to sell the minor's said share in the said property. The consideration proposed for the said property as a whole is __________, of which the share of the consideration attributable to the minor's said share is __________.
  1. The value of the said property has been assessed at __________ as at __________, on the basis of __________, and the value attributable to the minor's said share is __________. __________
  1. The applicant submits that the proposed sale is a case of __________ within the meaning of Section 8(4) of the Hindu Minority and Guardianship Act, 1956, and of Section 31(1) of the Guardians and Wards Act, 1890. The facts relied upon are as follows: __________
  1. The applicant undertakes that the whole of the minor's share of the sale consideration shall be __________, and that no part of it shall be applied to the use of the applicant or of any other person.
  1. The relatives of the minor who, in the submission of the applicant, should receive notice of this application under Section 31(4) of the Guardians and Wards Act, 1890 are as follows: __________
  1. 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.
  1. 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.
  1. 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:

(a) grant permission to the applicant, as the natural guardian of the minor, under Section 8(2) of the Hindu Minority and Guardianship Act, 1956, to sell the minor's __________ in the property described in the Schedule below, in the manner stated in paragraph 9 of this application, for a consideration of not less than __________ attributable to the minor's said share, and to execute, present for registration and complete all documents necessary for that purpose;

(b) direct that the minor's share of the consideration shall be __________;

(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

__________

Place: __________
Date: __________

_______________________________
__________
APPLICANT

_______________________________
Advocate for the Applicant

VERIFICATION

I, __________, aged about __________ years, __________, residing at __________, the applicant above named, do hereby verify that the contents of the above application, including every paragraph of it, the Schedule of the property and the list of documents filed with it, are true to my own knowledge and belief, that no part of them is false, and that nothing material has been concealed from this Hon'ble Court.

Verified at __________ on __________.

_______________________________
__________
APPLICANT

AFFIDAVIT IN SUPPORT OF THE APPLICATION

IN THE COURT OF THE __________ AT __________

Guardianship (Miscellaneous) Application No. ____________ of 20______

IN THE MATTER OF: __________, a minor.

I, __________, aged about __________ years, __________, residing at __________, do solemnly affirm and state on oath as follows.

  1. I am the applicant in the above application and the natural guardian of the minor, __________, and I am competent to swear this affidavit. I am acquainted with the facts and circumstances of the case from my personal knowledge and from the records in my possession.
  1. 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.
  1. The minor is entitled to __________ in the property described in the Schedule to the accompanying application.
  1. The proposed sale is required as a matter of __________, and is in the interest and for the benefit of the minor and for no other purpose.
  1. 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.
  1. I undertake that the whole of the minor's share of the sale consideration shall be __________, and that I shall render an account to this Hon'ble Court of the receipt and application of that amount.
  1. 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.

_______________________________
__________
DEPONENT

VERIFICATION OF THE AFFIDAVIT

I, the deponent above named, verify that the contents of this affidavit, including every paragraph of it, are true to my knowledge, that no part of them is false and that nothing material has been concealed. Verified at __________ on __________.

_______________________________
__________
DEPONENT

Solemnly affirmed before me at __________ on __________ by the deponent, who is identified to my satisfaction.

_______________________________
OATH COMMISSIONER / NOTARY
(Seal and Registration No.)

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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

IN THE MATTER OF: __________, a minor;

AND IN THE MATTER OF: the immovable property described in the Schedule below.

__________, aged about __________ years, __________, residing at __________, the natural guardian of the said minor

... APPLICANT

The applicant above named most respectfully submits as follows.

  1. This application concerns __________ ("the minor"), who was born on __________, is aged about __________ years, and resides at __________. The minor is a Hindu, and the Hindu Minority and Guardianship Act, 1956 applies to the minor and to the applicant.
  1. __________
  1. __________
  1. The minor is entitled to __________ in the immovable property more particularly described in the Schedule below ("the said property"). The said share is the minor's own property, held for the minor by the applicant as natural guardian, and is not an undivided interest in joint family property under the management of an adult member of the family.
  1. The minor became entitled to the said share __________. The particulars of that devolution are as follows: __________
  1. The other persons interested in the said property, and their respective shares, are as follows: __________
  1. Previous or pending proceedings relating to the minor or to the property of the minor: __________
  1. The applicant proposes to sell the minor's said share in the said property. The consideration proposed for the said property as a whole is __________, of which the share of the consideration attributable to the minor's said share is __________.
  1. The value of the said property has been assessed at __________ as at __________, on the basis of __________, and the value attributable to the minor's said share is __________. __________
  1. The applicant submits that the proposed sale is a case of __________ within the meaning of Section 8(4) of the Hindu Minority and Guardianship Act, 1956, and of Section 31(1) of the Guardians and Wards Act, 1890. The facts relied upon are as follows: __________
  1. The applicant undertakes that the whole of the minor's share of the sale consideration shall be __________, and that no part of it shall be applied to the use of the applicant or of any other person.
  1. The relatives of the minor who, in the submission of the applicant, should receive notice of this application under Section 31(4) of the Guardians and Wards Act, 1890 are as follows: __________
  1. 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.
  1. 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.
  1. 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:

(a) grant permission to the applicant, as the natural guardian of the minor, under Section 8(2) of the Hindu Minority and Guardianship Act, 1956, to sell the minor's __________ in the property described in the Schedule below, in the manner stated in paragraph 9 of this application, for a consideration of not less than __________ attributable to the minor's said share, and to execute, present for registration and complete all documents necessary for that purpose;

(b) direct that the minor's share of the consideration shall be __________;

(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

__________

Place: __________
Date: __________

_______________________________
__________
APPLICANT

_______________________________
Advocate for the Applicant

VERIFICATION

I, __________, aged about __________ years, __________, residing at __________, the applicant above named, do hereby verify that the contents of the above application, including every paragraph of it, the Schedule of the property and the list of documents filed with it, are true to my own knowledge and belief, that no part of them is false, and that nothing material has been concealed from this Hon'ble Court.

Verified at __________ on __________.

_______________________________
__________
APPLICANT

AFFIDAVIT IN SUPPORT OF THE APPLICATION

IN THE COURT OF THE __________ AT __________

Guardianship (Miscellaneous) Application No. ____________ of 20______

IN THE MATTER OF: __________, a minor.

I, __________, aged about __________ years, __________, residing at __________, do solemnly affirm and state on oath as follows.

  1. I am the applicant in the above application and the natural guardian of the minor, __________, and I am competent to swear this affidavit. I am acquainted with the facts and circumstances of the case from my personal knowledge and from the records in my possession.
  1. 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.
  1. The minor is entitled to __________ in the property described in the Schedule to the accompanying application.
  1. The proposed sale is required as a matter of __________, and is in the interest and for the benefit of the minor and for no other purpose.
  1. 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.
  1. I undertake that the whole of the minor's share of the sale consideration shall be __________, and that I shall render an account to this Hon'ble Court of the receipt and application of that amount.
  1. 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.

_______________________________
__________
DEPONENT

VERIFICATION OF THE AFFIDAVIT

I, the deponent above named, verify that the contents of this affidavit, including every paragraph of it, are true to my knowledge, that no part of them is false and that nothing material has been concealed. Verified at __________ on __________.

_______________________________
__________
DEPONENT

Solemnly affirmed before me at __________ on __________ by the deponent, who is identified to my satisfaction.

_______________________________
OATH COMMISSIONER / NOTARY
(Seal and Registration No.)

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