PETITION FOR PERMISSION TO SELL MINOR'S PROPERTY UNDER THE GUARDIANS AND WARDS ACT

ACT VIII OF 1890 CASE NO. 14 OF 2025

IN THE COURT OF THE DISTRICT JUDGE, GURUGRAM

In the matter of the Guardians and Wards Act, VIII of 1890

AND

In the matter of Section 29 of the said Act

AND

In the matter of Shaarav Bhardwaj, a minor resident at House No. 45, Aravali Enclave, Sector 52, Gurugram

AND
In the matter of permission to sell the said minor's property.

The humble petition of Amruta Bhardwaj, the certified guardian of the said minor.

The Applicant above-named states as follows:

1.     That by an order made the 12th day of March, 2022, the petitioner had been selected as the guardian, managing the person and properties of the minor Shaarav Bhardwaj, which order is still enforceable, and that currently, the petitioner is governing the property of the said minor as his mandatory guardian.

2.     That the petitioner has kept proper accounts of the said property up to date and presented the same in court, from which funds in the hands of petitioner is Rs. 18,600/- only.

3.     That at the time of appointment, the property of minor, which includes an undivided one-fourth share in premises No. B-72, Aravali Enclave, Gurugram, was indebted to one Mr. Ramesh Lal of No. B-21, Aravali Enclave, to the tune of Rs. 6,20,000/-, being the minor’s divided share of liability under a mortgage dated 15th June 2015, executed by the father of the minor, which now comes to Rs. 8,10,500/- including interest calculated up till 30th June 2025.

4.     That the said Ramesh Lal, who filed a suit bearing Title Suit No. TS 57/2024 in the Court of Civil Judge Senior Division, Gurugram for enforcing said mortgage and got the preliminary decree for Rs. 8,10,500/- on the 19th day of April 2025, is now threatening to apply for final decree for sale of the mortgaged property.

5.     That in the above-stated circumstances and in the best interest and benefit of the said minor, the petitioner and other co-sharers of the said minor, who are liable to pay the remaining three-fourths share of the said debt, have consented to sell the property for Rs. 58,00,000/- privately, leaving a margin of Rs. 12,40,000/- with them after paying the mortgage debt. Out of the net surplus, a sum of Rs. 3,10,000/- will come into the hands of petitioner being the proportionate share of the said minor in the surplus sale proceeds. A sworn statement by the intending purchaser offering Rs. 58,00,000/- is filed herewith and marked Annexure A.

6.     That the residential house of the said minor, i.e., premises No. 45, Aravali Enclave, is in urgent need of repair. Without repairs, the same will be unfit for habitation, and unless certain urgent repairs are immediately conducted, a portion may collapse. The likely costs of such repairs are Rs. 2,80,000/-, as will appear from the certificate of the engineer hereunto enclosed and marked Annexure B. The minor currently has no money to execute the said repairs, as appearing from the accounts already filed.

7.     That the market value of the property desired to be sold is Rs. 58,00,000/-, as given in the Valuation Certificate annexed and marked Annexure B, and the same at present yields no income.

PRAYERS OF THE PETITIONER:

1.     That leave be granted to the petitioner to sell the undivided one-fourth share of the minor in the property described in Schedule A to Mr. Satpal Mehra, S/o Late Prakash Mehra, resident of House No. C-22, DLF Phase 2, Gurugram, or any other person or persons at a price not less than Rs. 58,00,000/- and to execute and register the necessary conveyance deed.

2.     That the petitioner be at liberty to redeem the proportionate mortgage debt of the minor relating to 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.

3.     That further order or orders be made and directions given as may appear just and proper and the petitioner as in duty bound shall ever pray.