For legal rights
kunal bhardwaj
(Querist) 27 October 2014
This query is : Resolved
Dear Sir,
one of my friend family was disturbed due to mental condition . In their family his father mother sister. In 2013 neighbours put the complaint to deputy commissioner that their family condition is not well all the members of the family are living in the house. nobody come outside of the house for last three four months. after this with the compliant and order of dc police was come and opened the door or send to the 32 hospital chd for treatment . this case was also highlighted in the newspapers and media .after one month doctors contacted every relatives but nobody taken their responsibility . Then doctor contacted to me and told all the details to me . after 15 days Doctor send all the family members to PRAB ASRA SANSTHA for further treatment. Then my friend contacted to me and said that plz release my family members in this jail . I haven taken responsibility of all and taken back to my home . One and half year have gone they feel good . and live with us like my family in my house . I have done total medical treatment of all the members till now . My question is can I take legal rights for their property or anything .Because I want legally strong to handle the peoples talks . Because they think negative. plz help
Devajyoti Barman
(Expert) 27 October 2014
How many queries do you have?
In the morning only you have misused this platform by posting same query 8-9 times.
kunal bhardwaj
(Querist) 28 October 2014
plz resolve due to error that was happened and through you I want to help my friends as a human being its my duty
Devajyoti Barman
(Expert) 28 October 2014
let your friend come as you are posting too many queries on different topics.
How many friends do you have to render help?
Sudhir Kumar, Advocate
(Expert) 28 October 2014
You have looked after them and spent money on their treatment when they were incapable of giving consent. This become contingent contract. You may be entitled to recover the expenditure but not share on the property.
नेकी कर कुएं में डाल
slight modification
नेकी कर, तुझे कुएं में डालने वाले बहुत आ जाएंगे
and I read behind a tempo
नेकी कर, जूते खा, मैने खा लिये तू भी खा
So legally you may be entitled but may not be able to secure refund.
The family when back to normal will humiliate you whether you claim reimbursement or not.
Rajendra K Goyal
(Expert) 28 October 2014
You would not be able to get share in the property as reward for what you have done.
ajay sethi
(Expert) 28 October 2014
you have no rights on their property . you have helped them in their hour of need but that does not give you any rights on their property
V R SHROFF
(Expert) 28 October 2014
help does not confer any right..
Sudhir Kumar, Advocate
(Expert) 28 October 2014
I slightly disagree with Mr Shorff.
Help to needy relative or friend in distress confers a right to be humiliated by the same person whom you help, without undue delay.
Sudhir Kumar, Advocate
(Expert) 28 October 2014
legally speaking you can claim reimbursement of expenses on the consideration that it became a quasi-contract.
kunal bhardwaj
(Querist) 28 October 2014
if they do will on the name of me then
T. Kalaiselvan, Advocate
(Expert) 28 October 2014
After having helped them without expecting anything in return at that time, why did you change your mind now and have an eye on their property, it is illegal to do so, if at all they have been taken care by your own means, you may claim reimbursement of the expenses if they can afford to.
Sudhir Kumar, Advocate
(Expert) 29 October 2014
"if they do will on the name of me then"
I can just laugh.
If they really will in your favour and all three of them die. then their relatives will emerge out of nowhere and have you jailed for killing them (atleast they will try). You will dispose some part of your saving to defend you.
Technically you have only right of reimbursement of the expenses incurred
Section 68 to 70 of Indian Contract Act apply in your case. Nothing beyond this.
68. Claim for necessaries supplied to person incapable of contracting, or on his account -
If a person, incapable of entering into a contract, or anyone whom he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person.
Illustrations
(a) A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B’s property.
(b) A suplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life. A is entitled to be reimbursed from B’s property.
—————————–
1. The property of a Government ward in Madhya Pradesh is not liable under this section; see the C.P. Court of Wards Act, 1899 (C.P. Act 24 of 1899), section 31(I).
69. Reimbursement of person paying money due by another, in payment of which he is interested
A person who is interested in the payment of money which another is bound by law to pay, and who therefore pays it, is entitled to be reimbursed by the other.
Illustration
B holds land in Bengal, on a lease granted by A, the zamindar. The revenue payable by A to the Government being in arrear, his land is advertised for sale by the Government. Under the revenue law, the consequence of such sale will be the annulment of B’s lease. B to prevent the sale and the consequent annulment of his own lease, pays the Government the sum due from A. A is bound to make good to B the amount so paid.
COMMENTS
Contribution and reimbursement
Where a person is jointly liable with other to pay, a payment by him of the other’s share would not give him a right of recovery under this section; Jagpatiraju v. Sadnusannama, AIR 1916 Mad 980.
70. Obligation of person enjoying benefit of non-gratuitous act
Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such another person enjoys the benefit thereof, the letter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered.
Sudhir Kumar, Advocate
(Expert) 29 October 2014
You also do not understand that by putting such blogs on public forum you are advertising that you are a stranger interest to grab their property.
malipeddi jaggarao
(Expert) 29 October 2014
You are sufficiently advised. We are not here to support the illegal plans.
K.K.Ganguly
(Expert) 29 October 2014
1. No. You can not take legal right on their property,
2. You can not claim anything beyond what you have spent on them.
kunal bhardwaj
(Querist) 29 October 2014
plz understand they depend on me till now without me they cant live and in the property half share is his brother so only half share is their name . his brother was also file the case against on him for property solution .because in two canal plot they were living in their portion and brother portion front is only clean ground . second in Mohali only one gate is aloud. Third they cant fight without me I think this is whole life responsibility. will is not issue this circumstances is issue .
K.K.Ganguly
(Expert) 30 October 2014
1. We have understood what you have stated. Now, you please understand what we want you to understand about your legal query,
2. No. You can not claim legal right on their property,
3. You can not claim anything beyond what you have spent on them.