Short answer. The petitioner, the ward's next of kin, and other interested persons may all present proofs, allegations and witnesses; the court then grants or refuses the sale based on what the ward's best interests require, and may allocate hearing costs as it deems just.
What the law says
the court shall hear the proofs and allegations of the petitioner and next of kin, and other persons interested, together with their witnesses, and grant or refuse the prayer of the petition as the best interests of the ward require. The court shall make such order as to costs of the hearing as may be just.
Rule 95, Section 3 — Hearing on return of order; Costs. Read the full provision →
Who gets heard
At the hearing, the court hears the proofs and allegations of the petitioner and next of kin, and other persons interested, together with their witnesses — a genuinely contested proceeding, not a one-sided presentation by the guardian alone. Relatives who believe the sale is unnecessary or disadvantageous to the ward can appear, put in evidence, and call their own witnesses, so the court weighs both sides rather than simply rubber-stamping whatever the petitioner asks for.
The governing standard
The court decides whether to grant or refuse the prayer of the petition as the best interests of the ward require. That framing keeps the focus on the ward's welfare, not simply on whether the guardian or the objecting relatives prevail. Even a petitioner who satisfies every procedural requirement can still be refused if the court, weighing the evidence presented, concludes the sale would not actually serve the ward's own interests.
Costs of the hearing
The court also has discretion to make such order as to costs of the hearing as may be just, meaning the expense of contesting a proposed sale is not automatically placed on any one party by default. This gives the court room to shift costs where, for instance, an objection turns out to be groundless or made in bad faith, or conversely to spare a good-faith objector from bearing the full expense of a hearing that ultimately protected the ward.
Where this fits in the sequence
This hearing is the contested stage that follows the show-cause order under Section 2; it is where the objections raised there actually get tested on the merits before any sale is authorized. Read together, the two sections form a sequence: first the court orders interested persons to appear and show cause against the sale, and only then, at this hearing, does it actually receive evidence and decide the question on its merits.
Related provisions
- Rule 95, Section 3 — Hearing on return of order; Costs
- Rule 95, Section 2 — Order to show cause thereupon
- Rule 95, Section 4 — Contents of order for sale or encumbrance, and how long effective; Bond