Injunction
rajvinder singh
(Querist) 14 June 2012
This query is : Resolved
sir i,my sister and brother are coowners of property.
my brother executed a will in my favour in 2006,lateron for last two years he is unsane and is unmarried.
my sister come to know that a will in my favour has been executed,she took my unsane brother with her in 2011 and started serving him.
my sister is giving threats to me that she will get the sale deed exeuted in her favour from unsane brother of his share in property.
sir how shoul i file a case against my sister whereby i can demand injunction.
whether i have to make unsane brother as party,
whether he has to be sued though next frind
whether injuction is really a better method
whether i have to ask for declation that my brother is unsane person
pls help
ajay sethi
(Expert) 14 June 2012
Guardianship of the person and property of mentally ill person in India is governed by the provisions of Mental Health Act 1987.Before appointing a guardian for the mentally ill person the District Court with in whose jurisdiction the alleged mentally ill person resides has to arrive at a finding that such mentally ill person is incapable of taking care of himself and managing his property. Once such a finding is recorded District Court has to appoint a guardian to take care of the person of the mentally ill person and also a manager for the management of his property.
M/s. Y-not legal services
(Expert) 14 June 2012
and while you 3 are co owners your brother can make WILL over his share alone.. can not over the entire property..
-tom-
Adv.R.P.Chugh
(Expert) 15 June 2012
1. An insane person being incompetent to contract can't execute a will or sell his property. His guardians are appointed by the aforesaid process laid down by Ld.Sethi Jee.
2. If the will was executed during lucid interval (sanity) or before insanity occured then will stands unless revoked.
3. You can seek an injunction in the court wherein the court would restrain the sister from getting a sale deed executed, until a guardian is appointed to deal with the property of the unsound brother.
Feel free to talk !
PARDEEP KUMAR
(Expert) 15 June 2012
Reply of Mr. Sethi read with reply of Mr. Chugh, is not only correct, but is also the best course of action available with you Mr. Singh.
Shonee Kapoor
(Expert) 18 June 2012
I endorse the views of my Ld. Brothers.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
