APPLICATION UNDER SECTION 07 & 08 OF GAURDIANS & WARDS ACT, 1890
G&W
Case No. /2017
Baig S/O I Baig,
Muslim,
Adult, Through his lawful attorney
I Baig S/O M Baig, Resident Of
House
No: 7, Banglows,
Gulshan
Iqbal, Karachi. ………… Applicant
/ Petitioner.
VERSUS
S Baig W/O Baig,
Muslim,
Adult, Resident of House No. 90,
Gulshan Iqbal, Karachi. ………. Respondent.
Plot / Apartment in
the name of
Minor Baby E A Baig vide
Regn. No: MWG-078, Situated
at Bahria Homes -
Bahria Town, Karachi. ……….. Property.
APPLICATION
UNDER SECTION 07 & 08 OF GAURDIANS & WARDS ACT, 1890.
That
the applicant / petitioner above named respectfully submits as under: -
1.
That the applicant / petitioner
belong to a noble and civilized family. At present he is at Dubai – UAE and use
to earn by doing Private Job. Due to his absence in Pakistan and also due to job
engagements, he is being represented through his lawful attorney. [Copy of NIC,
Passport, Residence Visa & power of attorney are attached herewith as
Annexure A, A1, A2 & A3].
2.
That the applicant / Petitioner had
contracted marriage with respondent on 2-0-2008, in accordance with Muslim
Personal law and the marriage was consummated. [Copy of Nikahnama is attached
herewith as Annexure B].
3.
That having parentage of applicant
& respondent, the two minor babies namely S Baig & E A Baig are born & living with the applicant / petitioner at UAE- Dubai.
[The Copy of Birth
Certificate & Family registration Certificate are attached herewith as
Annexure C & C1]
4.
That the applicant / petitioner had handsome
income and sufficient means to provide comfort and necessities of life to
respondent and his babies. Therefore for future interest of his family also,
the applicant / petitioner was intending to invest his money in the name of
Minor baby namely Emaan Adeel Baig. Pursuant to this and being a nominee, he
had submitted booking application form for house 125 Square Yards in the name
of minor baby E A Baig at housing project Bahria Town Karachi. And
thereafter to obtain subject plot / house, the applicant / petitioner, out of
his own pocket, has paid in the name of said Minor baby, through banking
channel, all due amounts of installments at the rate of 228,000/ (Two lac
twenty Eight thousand). [The copy of application Form & receipt of payments
of installment are attached herewith as Annexure D, D1, D2, D3, D4, D5, D6, D7,
D8, D9, D10, D11, D12, D13, D16, D15].
5.
That for the sake of financial needs
and healthy life of family & said minor baby also, whatever the father can
do, the applicant / petitioner is trying to do it. Thereon the applicant /
petitioner with consent of respondent also, was further intending to get
immigrate Canada / Australia or to purchase property / asset there also. Therefore for generating financial means
& for bright future of minor baby also, the applicant / petitioner had
decided to sale out subject property in open Market.
6.
That thereafter the applicant /
petitioner had applied through email message to Authority of Housing project –
Bahria Town Karachi, for NOC of sale of subject plot but the authority Bahria
Town Karachi has declined to issue the same for the reason as below. [The copy
of email messaged are attached herewith as Annexure E & E1]
“According
to our Karachi office, in order to sale the property you should be having the
permission from the court as Guardian Certificate to sell the property. The
property cannot be sale without the certificate”.
7.
That in circumstances stated above,
the applicant / petitioner has no other way except to knock the doors of this
honorable court through subject petition.
8.
That the applicant / petitioner is a
father / natural guardian of Minor baby E A Baig and is also entitled to apply for guardianship of her property. As earlier he
invested his own money in the name of said minor baby & now he want to use
it further for best interest of said minor baby also.
9.
That
the applicant / petitioner have no dispute / issue with the respondent who is
also natural guardian/ real mother of Minor baby E A Baig.
10.
That
it is a well settled rule that a guardian, executor, or anyone who has the care
of the person and property of a minor, can enter into a contract which is (or
likely to be) advantageous and not injurious to his or her ward. Therefore - A
guardian may sell or purchase moveable items on account of his ward, either for
an equal rate or at such a rate that may leave a slight loss, but not at such a
rate which would make the loss great and apparent (Hidayah, vol.
IV, pg. 553).
11.
That the respondent being a
real mother has also no objection if the certificate of guardianship of
property of Minor
baby E A Baig is granted to applicant / petitioner.
12.
That
subject application is made bona fide with interest of and benefit of minor baby
E A Baig.
13. That
cause of action arose firstly on 30-10-2017 when the authority Bahria Town
Karachi has declined to issue the NOC for sale for want of guardianship
certificate of property of Minor, and the same is is still continued day by day
till the finalization of this application.
14.
That the Plot / Apartment in the name of Minor Baby E A Baig is Situated at Bahria Homes - Bahria Town, Karachi, which
is within jurisdiction of Police Station Gadap – Malir District and the same is
also with in territorial jurisdiction of this honorable court.
15.
That the proper court fee has been
affixed hereon.
P
R A Y E R
It
is, therefore, prayed that this Hon’ble Court may be pleased to pass the
judgment and decree as under:-
a.)
To appoint / declare the applicant /
petitioner as guardian of the property, Plot
/ Apartment vide Regn. No: Situated at Bahria Homes - Bahria
Town, Karachi, of minor baby E A Baig, which will include also
responsibility to sell or purchase more property / properties
and to execute and register the compulsory conveyance in this regard.
b.)
To grant any other relief that this Hon’ble
Court may deem fit and proper under the circumstances of the case.
Karachi. APPLICANT
Dated:
ADVOCATE FOR THE APPLICANT.
VERIFECATION.
I, _____________S/O __________, Muslim, Adult, holding NIC No: _________, Through my lawful attorney _________, Muslim, adult,
holding NIC No: __________ presently residing at House
No:___________ Karachi,
do hereby verify on oath that whatever stated above is true and correct to the
best of my knowledge and belief.
DEPONENT
The
deponent above named is identified by me to the commissioner for taking
affidavit.
ADVOCATE
Solemnly
affirmed and stated on oath before me at Karachi on this 30th day of
November 2017 by the deponent above named who is identified to me by Mr. Farhan
Khaliq Anwer Advocate who is known to me personally.
COMMISSIONER FOR TAKING AFFIDAVITS
Documents
filed: Annexure
A to E1.
Documents
relied upon: As above
Address
of parties: As in
the title
Address
of advocate: As in the
Vaklatnama
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