Application for Permission under the Hindu Minority and Guardianship Act

Application for Permission under the Hindu Minority and Guardianship Act

In the court of the District Judge of …………

Misc. Application No. …………… of ……………

Re:       AB minor, aged …………, residing at ………… by his natural/testamentary guardian ……………

XY Age …………… Profession ………… residing at ………… Applicant

In the matter of an application for permission for sale/mortgage/lease of the immovable property of the said minor under s. 8 of the Hindu Minority Act (32 of 1956).

The humble petition of XY residing at No. ………………………

Most Respectfully Sheweth:

1. AB (State the name, sex, religion, date of birth and ordinary residence of the minor).

2. That the minor being a Hindu governed by the ………… School of Hindu Law is governed by the Hindu Minority and Guardianship Act (XXXII of 1956).

3. That your petitioner is the natural guardian of the minor, according to s. 6 of the said Act, being related to the minor as his/her (state relationship, i.e., legitimate or illegitimate son or daughter or husband, or adopted son).

Or

That your petitioner is the testamentary guardian of the minor, appointed under the will of the minor’s father or mother named ……… dated ………… and produced herewith (state whether the probate has been granted or not).

A copy of the said will is herewith annexed and marked A.

4. That your petitioner is still fully competent to act as the natural (or testamentary) guardian of the minor, under the said Act or any other provisions of law.

5. No court has appointed or declared any other person as the guardian of the minor’s person or property under the Guardians and Wards Act.

6. That the following are the near relations of the said minor:

(State names, addresses and relationship).

7. The applicant seeks permission for the disposal of the minor’s immovable property by way of (state sale, mortgage, lease, etc.) described below:

(Give description of the property).

8. (State the necessity for the transaction).

(a)        Where the sale or mortgage or lease is intended for the discharge of the debts (the particulars of each debt and the nature of the supporting documents should be separately specified).

(b)        If the amount is needed to meet the present and future expenses, e.g., education costs, maintenance, marriage expenses, payment of income-tax, Corporation rates and taxes, repair of any building, full particulars shall be given.

9. (State how the transaction is for the benefit and advantage of the minor or his or her estate).

10. (Where the natural guardian entered into an agreement of the sale of the property, mention that fact and state that the copy of the agreement is attached herewith).

11. (State the estimated market value of the property for the disposal of which the permission is sought. Report of the valuer to be annexed).

12. That in the circumstances aforesaid and in the ends of justice your petitioner submits that the court might be pleased to grant permission for the disposal (state the nature of disposal required) of the above immovable property of the minor which is situated within the jurisdiction of the court.

13. That the application is made bona fide and in the interest and for the benefit of the minor.

Your petitioner prays for (i) an order for sale/mortgage/lease of  the said property stating the necessity or advantage of the transaction, (ii) such further order/s be made and direction/s given as may appear just and proper.

And your petitioner as in duty bound shall ever pray.

Verification

I, XY ………… guardian of the minor AB, the applicant herein, do hereby declare and state that the statements contained in paragraphs I to II of the above petition are true to my knowledge and those contained in paragraphs 12 and 13 are my submissions before this court.

Signed at ……… on the ………… day of ………… 1999

Attested by us                                                                                                               Sd. XY

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