Sale of mentally ill persons property by the guardian
Querist :
Anonymous
(Querist) 19 April 2011
This query is : Resolved
Dear Sir,
Can a guardian sell the mentally ill persons property.?
should he get a approval from the court?.
the guardian has borrowed funds and since he is unable to refund,the guardian has entered in to a unregistered agreement with a party .
now the guardian says that he cannot execute the unregistered agreement.
can the third party ask the court to grant approval for execution of the unregistered agreement thru court.
will the court give a go head for execution of the unregistered agreement made between the guardian of the mentally ill persons and the third party?
kindly revert ASAP .
thank you in advance sirs
Guest
(Expert) 19 April 2011
no a guardian can not sell the property except by the permission of the court and must be in favour of the person under guardianship.
the agreement is illegal.
no because the guardian is not authorized to make he agreement in this regard.
no
Querist :
Anonymous
(Querist) 20 April 2011
Sir,
then what is the procedure of selling the property of the mentally ill persons.
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Man missing for 8 yrs and FIR has been filed and it has also been published in the paper.
the spouse is in belief that his husband would return some day.
missing man has a part in his mothers property,how can the property be sold.his mother is dead.
his mother has appointed a guardian.
can the guardian sell the property?
Susanta Chakraborty
(Expert) 25 April 2011
In case of a missing person, minimum 10 years is required to process for declare him as dead person. For that you have to go through civil process to get a declaration from a civil court. It is a lengthy process and till that no one can sell property on his behalf. .
