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.

HENCE IT IS PRAYED

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