LUNATIC PROPERTY

chetan (Querist) 11 March 2011 This query is : Resolved
SIR,
MY QUERY IS IF A PROPERTY IS JOINTLY OWNED BY MOTHER AND HER LUNATIC SON CAN THE MOTHER MAKE WILL??? IF SO WHETHER SHE CAN MAKE THE WILL FOR WHOLE PROPERTY???

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M.Sheik Mohammed Ali (Expert) 11 March 2011
YES, BUT with court permission and the will or sale is necessary to care of lunatic son

Raj Kumar Makkad (Expert) 11 March 2011
There is necessity to obtain the permission of court for disposal of property of a lunatic person but in this case there is no matter of transfer rather a will by his mother. Mother is free to make will qua is property simultaneously she can obtain permission from court to transfer the property of such lunatic person after her death for his welfare. Court may grant such permission keeping in view such circumstances wherein there is full danger of damage to property or right of lunatic person after death of his mother.

Guest (Expert) 12 March 2011
I believe, she being not only a natural guardian but also the real mother of the son, none else other than herself can see the welfare of her lunatic son after her death. So, I don't think she cannot make a will about the property in favor of a person whom she would think to be the most trusted person to take care of her son after her death.

However, if some one has any objection, he should come forward to prove that the person, in whose favor the would have been made, would not discharge his/her responsibility effectively to maintain the lunatic after the death of the lunatic.

Experts may like to throw light on this aspect only with reference to the legal provisions please.

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