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Wards Act
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 Noof
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.
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.
(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.
(ii) Your petitioner be at liberty to redeem the proportionate mortgage debt of the
minor in respect of the said premises out of the proceeds of such sale and apply the
balance towards the costs of repairs to the residential house of the said minor.
(iii) Further order or orders be made and directions given, as may appear just and
proper and your petitioner as in duty bound shall ever pray.
I am the petitioner above-named. I know and I have made myself acquainted with
the facts and circumstances of this case and I am able to depose thereto.
N.B. There shall be two affidavits from two independent persons as to what is the
estimated value of the property and the benefit and advantage of the intended sale.