Law regarding mentally disabled
smitha
(Querist) 27 April 2016
This query is : Resolved
When a ancestral property partition takesplace involving slightly mentally handicapped ppl, do we need to notify the court? In case it's not notified is the partition and the registered document considered not legal?
Sudhir Kumar, Advocate
(Expert) 28 April 2016
please state facts.
experts of this forum do nto like to sit in examination hall to answer a question paper.
smitha
(Querist) 28 April 2016
Sir ,my father's grandmother's , his mom's and his maternal uncle's property( which comes about 70 cents)where taken care bhis maternal uncle whose was unmarried. Before his death this uncle have registered and given this property in the name of my father and his two sisters (who are mentally disabled). One my father's cousin (achiever nephew to this uncle) has put a case stating this registration have to b nullified as the partition is not done equally. My father is only taking care of his sisters and is their guardian.
I wanted to know whether there's a rule staying that when a partition included mentally disabled ppl, they should notify court and incase it's not done will this registration go void
P. Venu
(Expert) 28 April 2016
How you have concluded the property is ancestral? The facts mentioned does not give a clear picture of the property or its title holder.
smitha
(Querist) 28 April 2016
Actually this uncle had written a will (registered) stating after his death all the property in his name goes to my father but then later on when he found that his other nephew was threatening him to give some to him ,this uncle registered everything in my father's and his two sisters name since my father was taking care of him, his sister and these two mentally incapable sisters.
But now we r in a soup as the other nephew has given for a case and he wants to this registration to b nullified so that the property comes back to this uncles name and since he is no more and unmarried, he will get a share
NANDKUMAR B SAWANT
(Expert) 28 April 2016
Sir on behalf of mentaly unsound person his legal guardian should sign said document as he is not competing to sign contract
Kumar Doab
(Expert) 28 April 2016
You have not replied to points raised by Expert Mr P. Venu.
You have posted that:
"Actually this uncle had written a will (registered) stating after his death all the property in his name goes to my father but then later on when he found that his other nephew was threatening him to give some to him ,this uncle registered everything in my father's and his two sisters name"
The WILL was the property in the name of this Uncle....................implying the property or share that he owns.He can do it.
This uncle can dispose or register property that he owns by sale/gift/transfer etc to anyone.
You have not clarified by which deed (valid deed) your uncle registered the property in the name of your father and mentally disabled sisters.
Your father is not selling the property in the name of mentally disabled sisters. It is also not clear that these sisters are slightly mentally disabled by assumption or declared mentally disabled by medical board.
You may obtain chain of documents pertaining to the property and medical history of these sisters an able counsel, before hand and finalize your defense.
Rajendra K Goyal
(Expert) 28 April 2016
If he files case, oppose the move on merit.
All the documents need to be referred, discuss with local lawyer.
T. Kalaiselvan, Advocate
(Expert) 05 May 2016
You have to apply for court guardian taking care of the property that are registered in the names of mentally incapable persons. This property cannot be challenged since the title holder who transferred the property on their names is no more alive.
