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qader (clerk)     24 April 2014

Limitation of guardianship as per shariah law

Respected Adviser,

My mother had 5 registered residential houses in her name. The mental condition of my mother was not normal, as she was on sleeping pills for the past 30 years and was always in the state of drowsiness.  One of my brother and sister, who stayed with her, took advantage of my mother’s illness. With nefarious intention, in the year 2000, they made my mother to execute Registered Gift Deeds of 4 of her houses in favour of my by another brother who is insane by birth.   They accordingly got incorporated their names in the Registered Gift Deeds, as his  Natural Guardians . In the Gift Deed it is mentioned that both will be his guardians as he is minor, whereas  he is mentally unsound. To the outside world, they pretended to be the well-wisher  of  my insane brother, but in fact their only aim was to grab his  properties, as he was not able to take care of himself.

Under the above circumstances, kindly advise me  for how long period my two siblings will remain guardians of my mentally unsound brother. Can we now approach the Court to transfer the guardianship rights to other siblings, as we are 7 in total.  Apart from this, in case of death of mentally unsound brother, does all the properties go my two siblings who are presently his guardians or his  properties will be divided amongst other siblings also.

I shall appreciate your prompt response.

Thanks and regards

 

Ahmed Khan

Hyderabad




Learning

 1 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     03 May 2014

In the given circumstances, the property will be inherited to all the legal heirs of deceased person.

 

You can approach the court if they are making any attempt to reduce the value of property or alienate the same. 

 

Note that no natural Guardian could be appointed at the wish and will of any person.  If the natural guardian, who got right under Law, failed to discharge his legal obligation or no natural guardian is available, then Court will appoint Guardian.


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