Guardianship for unsound minded son by mother
vinod bansal
(Querist) 03 October 2010
This query is : Resolved
R/Experts
For a Hindu joint property,mother wants to file petition for guardianship of his son who is 58 years old and is mentally unsound person though no Medical record available but mother is ready to go with any medical examination for the state of mind of his son,it can be easily held by the court that the person is unsound minded by the outer appearance of the son,)for welfare of his share in joint property.Under which provision and section i can file a opetition for guardianship on behalf of mother.Thanx in advance
Devajyoti Barman
(Expert) 03 October 2010
File application under Order 32 of CPC for appointment of 'next friend' of the person of unsound mind in the court of Principal Judge of Original Civil Jurisdiction in the particular District.
s.subramanian
(Expert) 03 October 2010
You have to file an application under Sec.53 of the Mental Health Act,1987 for the appointment as guardian. This is the only enactment providing for such a relief to persons of unsound mind.
s.subramanian
(Expert) 03 October 2010
It has to be filed in the District Court.
vinod bansal
(Querist) 03 October 2010
Thanx to all respectable experts
ESTHERPRIYA
(Expert) 09 October 2010
Yes you can file under Sec.53 of the Mental Health Act,1987 in the concerned jurisdictional District Court
vinod bansal
(Querist) 09 October 2010
Thankyou all experts.
