guardianship
kalyani choudhury
(Querist) 09 June 2009
This query is : Resolved
A brother files for guardianship of another brother who is not a minor but is mentally retarded and he is granted guardianship which is challenged under a court of law
by a third brother who has been declared ex parte'who points out in court that guardianship has been granted under a false head and he should now be allowed to contest the guardianship.
Meanwhile the original guardian files for amendment under the Mental Health Act.
What should the court normally decide in this case whether to allow the third exparte brother to contest the case or not AND what action should the coourt take against the first brother who has already been granted the guardianship under a false representation of facts.The guardian gets the property share of the retarted brother also.
Y V Vishweshwar Rao
(Expert) 10 June 2009
The Court may allow the Thrid brother to contest the case in view of the allegations of False Representation regardign metnal condition of a party and to get an order for Guardianship
if the False representation is proved , the Court can set aside the orders appointing the First brother as Guardian and if any action taken by him as guardian udner the orders can also be delcared accordingly.
J K Agrawal
(Expert) 12 June 2009
It does not matter whether he is second third of fourth brother or any body else. anybody can move to courts can order has been procured by misrepresentation.
I am to say that no brother is necessary party and subject of guardianship of a person of unsound mind does not govern by Hindu minority and guardianship act. It is matter of Mental Health act and paramount consideration is welfare of the mentally challenged person and not relations of parties.
