(1)While granting permission for sale of property under Section 28 or 29 of the Act, the Court may direct that the sale shall be conducted in the manner provided for the sale of property under Order XXI of the Code of Civil Procedure, 1908, with such adaptations and modifications as may be found necessary in the circumstances of the case.(2)If leave to sell is granted the sale shall, unless the court for reasons to be recorded otherwise orders, be made by public auction with the sanction of the Court, and order shall be made as in Form No. G.W. 13. The proclamation of the sale and the order approving the proclamation of sale may be as in Form Nos. G.W. 14 and G.W. 15, respectively and the sale shall be conducted in the manner prescribed by the succeeding sub-rules.(3)The guardian shall bring into Court :- (i) affidavit or affidavits by himself or some other persons acquainted with the property, giving the particulars prescribed by Order XXI, Rule 66 of the Code of Civil Procedure, 1908 (Central Act V of 1908), and also stating what, in his opinion, is the best time and place for sale and method of advertising the same, and the lots, if any, into which the property should be divided; (ii) if an officer of the Court is not to be appointed, an affidavit as to the fitness of the proposed auctioneer; (iii) an affidavit showing the municipal tax, if any, due on the property sought to be sold and the affidavit shall be accompanied by a certificate from the local authority showing the particulars of such tax; and (iv) a certificate from the sub-Registrar of the District or sub-District in which the property is situate of the result of the search made for a period of not less than twelve years prior to the application for leave to sell the property.(4)The Court shall determine the lots, if any, in which the property shall be sold; the manner of advertising the sale; and the probable expenses thereof, and shall fix the date and place of sale and settle the proclamation of sale as in Form No. G.W. 14.(5)The Court may, in order to secure a more advantageous sale or for any other sufficient reason, appoint a fit person other than an officer of the Court or a pleader, to sell the property and may fix as his remuneration either a sum certain or a percentage on the net sale proceeds.
