Property of a person with no legal heir
Manoj Oswal
(Querist) 21 June 2016
This query is : Resolved
There is a person with properties worth several crores. She became mentally invalid five years ago. She is bed ridden.
A public notice was issued by court under mental health act 1987. No one claiming to be legal heirs came forward. High court in a writ petition of habeas corpus has declared that she has no legal heirs. The high court has also declared that none of her properties will be transferred without permission of the court.
I'm her primary caretaker.
Now, this person is critical. I fear that all kinds of people will claim her properties and take possession. I know that all properties belonging to her should go to the state. However there is no known process known to me to get this done.
Can someone guide as to how can I apply on her demise to the court, to ensure that no one takes possession of her properties and they are handed over to the state government.
Manoj Oswal
P. Venu
(Expert) 21 June 2016
The court is already seized of the matter. You can place your concerns before the Court.
Kumar Doab
(Expert) 21 June 2016
Your apprehensions are unnecessary.
The learned judges in the court shall take care now.
J K Agrawal
(Expert) 21 June 2016
If there is no legal heir the property will go to the state.
This is very common problem that after death of a alone person, so many so call heirs come to him and try to grab the property only.
You should write it to the collector of your district and to the SDO, along with the list of property. You can file a civil suit also as a next friend of her that the property should go to state.
Once a litigation is there, no body will dare to intermeddle.
You can file an application for guardianship for her corpus and for her estate.
