PETITION FOR PERMISSION TO SELL MINOR'S PROPERTY UNDER THE GUARDIANS AND WARDS ACT
Act VIII of 1890 Case No. 34502
In the Court of the District Judge Sachin Jain at Addl. District & Sessions Judge (Wards Court) In the matter of the Guardians and Wards Act VIII of 1890
And
In the matter of s. 29 of the said Act And
In the matter of AB, a minor resident at Smt Poonam Goel, widow of late Sh Kapil Goel, natural guardian of her minor daughter Anaysha Goel (aged 12-13 years), holding 16.66% (½ of deceased father’s ¹/₃) undivided share in a flat at IES Officers CGHS, Dwarka.
And
In the matter of permission to sell the said minor's property.
The humble petition of A, the certified guardian of the said minor.
The applicant above-named states as follows:
1. That by an order made the 2nd day of August 2025 your petitioner was selected guardian of the person and properties of the minor A, which order is still enforceable and petitioner is governing the property of the said minor as his mandatory guardian. petitioner has kept proper account of said property up to date and presented the same in court from by which it is clear that funds in the hands of petitioner is Rs 50,00,000. only.
2. That at the time of appointment the property of minor which having of inter alia one fourth share in premises No. 12 was indebted to one B of No. 32 to the tune of Rs. 2,00,00,000 being, his divided share of liability under a mortgage dated 3rd January 2012 executed by the father of minor which now comes to Rs 13,00,00,000 including interest calculated up till 3rd January 2025.
3. That the said B who filed a suit bearing Title Suit No. 23 of XXX in the court of wards for enforcing said mortgage and got the preliminary decree for Rs. 2,00,00,000 on the 2nd day of August is now threatening in applying for final decree for vending of property.
4. That in above stated circumstances and in the best interest /benefit of the said minor, petitioner and other co-sharers of said minor, liable paying three-fourths share of the said debt, have consented to sell the property for Rs. 34,00,000 privately, leaving a margin Rs. 12,66,00,000 with them after paying the mortgage debt out of which a sum of Rs. 2,00,00,000. will come in the hands of petitioner being the proportionate share of the said minor in the surplus sale proceeds. An affidavit by the purchaser of intending property Rs. 10,66,00,000 is filed herewith.
5. That residential house of said minor, i.e., premises No.12 is in immediate repairs without repair the same will be unfit for habitation and until certain urgent repairs are immediate carried on a portion also fall very soon. The likely costs of such repairs are Rs. 10,00,000 as will appear from certificate of the engineer hereunto unclosed and marked Z. The minor having no money to execute the said repairs presently as appearing from the account filed as stated above.
6. That the market value of the property desired to be sold would be Rs. 5,00,00,000 as given in the valuation certificate annexed and marked B, and the same at present gives no income.
7. That this application is made bona fide with interest of and benefit of minor.
Petitioner hence prays:
(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.10,00,000 and to execute and register the compulsory conveyance.
(ii) (ii) Your petitioner be at liberty to redeem the proportionate mortgage debt of the minor relating 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) (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.
THE SCHEDULE
Verification
I, AB, daughter of Smt Poonam Goel aged about 12-13 years residing at Dwarka by occupation service do hereby solemnly affirm and say as follows:
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.
The statements in paragraphs 1 to 7 and the Schedule hereinabove of the petition are true to my best knowledge based on information derived from records in my possession, proceedings before this Learned Court. Orders and Valuation Report and believed by me to be true and that I have not suppressed any material fact.
The statements hereinabove are true to my best knowledge.
I sign this verification on this 3rd day of August 2025.
Signature ……XXX
Signature of Advocate ……XXX
Before me Notary……
N.B. There shall be two affidavits from two independent persons as to what is the estimated value of the property and advantage/benefit of desired sale.
Deed of Sale by a Certificated Guardian of a Hindu Minor
THE DEED OF SALE made the 3rd day of August 2025 BETWEEN AB of, etc. (vendor) of one part and CD of, etc. (purchaser) of the other part.
WHEREAS by an order made by the District Judge of Dwarka Addl. District & Sessions Judge (Wards Court) in Case No. 34502 of under Act VIII of 1890 (cause title) the said AB was appointed certificated guardian of XY who was then and is still now a minor under the age of 21 years.
AND WHEREAS by an order date 3rd the day of August 2025. made by the District Judge of. Addl. District & Sessions Judge (Wards Court) in Misc. Judicial Case No.34502 of Dwarka . the said AB was authorised to sell the lands, hereditament and tenement belonging solely and exclusively to the said minor on terms thereunder contained which property is fully mentioned and described in the Schedule hereto.
AND WHEREAS the said order is still in full force and virtue.
AND WHEREAS in pursuance of the said order the said AB as such certificated guardian has contracted with the said CD for absolute sale of the said property at and for the sum of Rs.5,00,00,000.
NOW THE INDENTURE WITNESSETH that for the consideration as aforesaid and in exercise of the powers, authorities and liberties conferred upon and vested under and by virtue of the hereinbefore recited order dated 3rd August 2025 and all other powers and authorities enabling him in that behalf the said AB do hereby grant, convey, sell, transfer, assign and assure as certificated guardian of the said minor the said property and every part whereof unto and to the use of the said CD, To Have and To Hold the same absolutely and for ever.
AND THIS INDENTURE FURTHER WITNESSETH that the said AB do hereby covenant with the said CD that the said AB has not hereto before done, executed, performed or knowingly suffered to the contrary any act, deed or thing whereby or by reason or means whereof the said property or any part thereof may in any way be encumbered or prejudiced in title or estate or the said AB may be hindered or prevented from granting, transferring, conveying, selling, assigning or assuring the same in the manner hereinbefore indicated.
The Schedule above referred to
IN WITNESS WHEREOF, etc. AB ……XXX
Address………..
Contact…………..
Signed, sealed and delivered CD ……XXX
Address………….
Contact………
