Civil Misc Appli. No. /2007
IN
THE COURT OF THE HONBLE DISTRICT JUDGE, AT LATUR
Pawanraje s/o Bapurao Pande
Age : 15 years, Occu: Education
Through his Natural Guardian
1. Sow.
Mangalbai w/o Bapurao Pande
Age
: 45 years, Occu: HH & Agri
( Natural Mother )
2. Bapurao
s/o Nagorao Pande
Age
: 51 years, occu: Agri
( Natural Father )
All R/o Deshpande Galli, Latur
Tq & Dist. Latur ………………..Applicants
Claim
:- For permission of sale of minor’s property u/s 8 of Hindu
Minority and Gurdianship Act r.w.
sec 29 of Gurdian and
Wards Act.
MAY IT
PLEASE YOUR HONOUR
Herein
applicants most respectfully submits as under :-
1. Name, Sex, Relation, Age and :
Pawanraje Bapurao Pande,
Ordinary residence of minor Age : 15 yrs, occu: education
Male, R/o Deshpande Galli
Latur , Tq & Dist. Latur
2. Whether Minor is female, whether :
Not Applicable.
she is married, if so the name
of
her husband.
3. Nature, Situation and approximate :
Land survey No.128/A Latur
Value of the property of minor. Admeasuring 80 R
Assessment in Rs.1.34
Approx. price Rs.17,00,000/-
4. The name and residence of the :
Applicants No. 1 and 2
Person having the custody and Natural Parents.
Possession of minor’s property
5. What are the near relations of the :
No other near relations
Minor’s and where they resides except applicant No. 1 & 2
6. Whether the guardian of person :
No,
or
property or both of minor’s have Guardians are natural
been appointed by the person guardians.
entitled to make such an appointment
7.
Whether the application at any time : No,
Has been made to the Hon’ble
court This is the first application
If so, what Hon’ble court order with
What result.
8. Whether the application of : No
declaration of a guardian of a
person
of the minor or of his
property or
both has been filed.
9. Whether the application to : No
appoint Guardian was filed.
10. Whether application to declare :
No
A person to be Guardian, and grounds
Of which appointments, the person
Claims, which.
11. The cause which have led to the :
As stated herein under.
application.
Brief Facts :-
1. That, the minor Pawanraje Bapurao Pande
is the son of applicant No.1 and 2. the applicants are the natural mother and
father of the minor person and property and they have no adverse interest
against the minor.
2. That the land survey No. 128/A was the ancestral
joint Hindu Family Property. In the family partition land out of sury. No.
128/A was allotted to the share of minor Pawanraje on the basis of Partition,
mutation was sanctioned vide M.E.No. 1842 dated 30/09/1994, thus on the basis
of partition minor Pawanraje became exclusive owner and possessor of Land
allotted to him in the partition. In the revenue record name of applicant No.1
has been shown as guardian of minor Pawanraje, the applicant have the custody
and possession of person as well as property of minor. The applicants have been
looking after and managing the property of minor.
3. That the aforesaid 80 R Land from and out
of Survy No. 128/A is situated within the Municipal limits just adjacent to
Latur Gaothan. The said land is low/inferior quality land and practically does
not yield any income. Moreover since last 10 years, there has been development
of Latur town surrounding the said land. Almost all the land around this land
have been converted to N.A. users. The land owners have sold the lands by
laying plots. The plot purchasers have built houses and residing there at. Thus
the entire area surrounding the minors land has become residential area. Due to
such developments it has become practically impossible to cultivate the minors
land beneficially. The residents of that locality are causing nuisances and
hindrances in the cultivation. The waste water and sewage water from the
surrounding houses is flowing upon the land of minor, whereby the land has
become muddy and uncultivable similarly the said being a small piece of just 2
acres, it’s cultivation is unviable. The people residing in vicinity use the
land for through fare causing damage to the crops. They also throw plastics and
waste material and household waste upon this land. Therefore since about last 4 – 5 years the land could
not be cultivated and it is lying idle and barren. There is possibility of
encroachment on said land by surrounding residents.
4. That, in view of above facts the land is
not yielding any income, The minor is taking education and his requirements of
further / higher education are going to be grow each year. More ever in future
the minor would also be in need support for his own maintenance. Under such
circumstances the applicants have decided the sale the minor’s land. Since the
land has got N.A. potential it would fetch good price. The applicants have
entered in to an agreement of sale of said land for Rs. 17,00,000/- out of
total price applicants have received and accepted Rs.7,00,000/- by way of earnest
money. Out of said money applicants have made Fixed Deposits of Rs.5,00,000/-
The applicants have entered in to an agreement to purchase 1 H 13 R land in the
name of minor from and out of land Gat No.43 of village Hanmantwadi Tq &
Dist. Latur, the said is situated at a distance of just 4 – 5 kms from latur
town. It is best quality black cotton soil having irrigation facility by borewell.
The applicants have agreed to purchase said land in minor’s name for
Rs.11,00,150/-, they have paid earnest money of Rs.1,05,000/- to the vendor
Pandurang shankarrao Kamble and got executed agreement of sale and receipt from
him.
5. Thus, the application would invest the
entire sale proceeds of minor’s property for purchasing more land in his name.
The land proposed to be purchased in best quality, high yielding irrigated
land. Besides substantial amount would be deposited in the name of minor in
Fixed deposit in the Bank. This would facilitate steady and secured income
source for minor and his education and maintenance. Thus the proposed sale of
minor’s property is for welfare of and is in larger interest of minor therefore
permission for alienation of minor’s land deserves to be granted.
6. An Affidavit of applicant No.1 in support
this application is enclosed herewith.
7. That, the 7/12 extract of land, agreement
of sale which are in the name of minor, and other necessary documents are also
filed along with this application for kind perusal of this Hon’ble court.
H E N C E I T I S P R A Y E D
That
the application be kindly allowed and permission to alienate minor’s land
described below be kindly granted.
“
Land Survey No. 128/A of Latur admn 80 R assessed to Rs.1.34”
Date
: /08/2007 Applicants
1.
2.
VARIFICATION
We above named applicants No.1 & 2
do hereby state on oath that the contents of this application are read over to us
and explained to us in marathi which are found to be true and correct to the
best of our knowledge and belief, Hence verified to on Aug, 2007 here at latur.
Date
: /08/2007 Applicants
1.
2.
Through
Advocate
for applicats
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