Sale of property of insane person
Querist :
Anonymous
(Querist) 16 January 2012
This query is : Resolved
R/Experts
A property is in the name of a person namely Ajit (since deceased)now there is only his window and son aged 22 years in his family,widow wants to sale this property,what procedure she have to foliow as her son is insane having a medical certificate to this effect,is there any provision in which she have to obtain court permission prior to sale of share of insane person,kindly tell me under which Act/provision this matter is covered,plz advice.Thankyou to all of yoy Experts.
Ramesh Jagadhari
Devajyoti Barman
(Expert) 16 January 2012
She first needs to be appointed as the legal guardian of her insane person and then with the permission of the court she can sell the property.
V R SHROFF
(Expert) 16 January 2012
Mr Barman correctly replied you.
Get Cert from state Medical Hospitals, in Mah STATE , JJ HOSPITAL BYCULLA,[ MENTAL/ pSYCHATRIC DEPT.]
ajay sethi
(Expert) 16 January 2012
yes agree with mr barman
Sushil Sharma
(Expert) 16 January 2012
take medical certificate as advised by Mr. Shroff, then go to court for the appointment of guardian and to get necessary permission.
Sailesh Kumar Shah
(Expert) 16 January 2012
Pray before District Judge for sale of property stating that for the benefit of insane son. The Dj could allow such permission,if sale is for the benefit of insane son.
Nadeem Qureshi
(Expert) 16 January 2012
Dear Querist
I agree with Mr. Burman
Deepak Nair
(Expert) 17 January 2012
I too endorse the views of Mr.Barman
prabhakar singh
(Expert) 17 January 2012
As the medical certificate is already in your possession ,no fresh certificate is required.
The application has to be moved under section 52 of the MENTAL HEALTH ACT 1987,before the District Judge for appointment as guardian and manager of the property of the mentally ill son by his mother,where after the District Judge on an application under section 59(2)of the said Act by manager so appointed,can grant permission to mortgage, Create a charge on, or, transfer by sale, gift, exchange or otherwise, any immoveable property of the mentally ill person or to lease out any such property for a period exceeding five years, subject to such conditions or restrictions as that Court may think fit to impose.
Querist :
Anonymous
(Querist) 18 January 2012
Thanx to all R/Experts
