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M N G Pillai (Advocate)     24 January 2016

Sale of property of born mentally retarded person

The proceedure to be followed for the sale of property of a born mentally retarded person by the Manager

and Guardian of such person? Kindly guide.



Learning

 7 Replies


(Guest)

sale of property of mentaly retarded person must be done by a guardian or manager. that guardian or manager will sign on sale deed. the manager will be the party of sale contrat, not the mentally retarded person. rest you can do as usual . thats all.

kavksatyanarayana (subregistrar/supdt.(retired))     24 January 2016

the guardian or manager on behalf of born mentally retarted person will sign on sale deed only on behalf of the born mentally retarted person.

M N G Pillai (Advocate)     24 January 2016

The Guardian and Manager has been appointed u/s 52,and 53 of the Mental Health Act.1987 by the District Court and in that case whether or not permission of the District Court has to be obtained under proviso to sub-section 1 to sec.59 read with sub-section 2 ibid ?.Can the Registrar insist for such a permission, if the sale deed is submitted for registration? Kindly elucidate.

M N G Pillai (Advocate)     24 January 2016

Try to add value to the discussion, with your each post.

M N G Pillai (Advocate)     27 January 2016

Thank you Arix Sir & Kavksatyanarayana Sir.  Your valuable opinion is solicited after

considering my second posting wherein reference of Mental Health Act 1987 has been cited and

in that context the permission of the Court and the proceedure to seek the same needs

consideration.

Ys

MNG Pillai

T. Kalaiselvan, Advocate (Advocate)     31 January 2016

Court guardian is permitted not maintain the property of the mentally retarded person and he is not authorised to sell it.  Therefore he has to take permission from court to sell it otherwise the sale will not be legally valid.

m.kameswaran (student)     31 January 2016

court permission is must to sell the property,otherwise not valid.


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