Transfer of property and succession
Akshay.K.Bhandare
(Querist) 24 October 2013
This query is : Resolved
Dear Expert,
Is there any document from Goan Court of Law for transferring the property, situated in Goa, which belongs to a unsound owner and which is jointly owned by his wife which is not in a vegetative state as she is not in that state though she is mentally sound, to their legal heirs?
In such a case would there be any remedy for transferring such a property in the names of their legal heirs as the health of both the parents is deteriorating by time.
If so please resolve my query as it would be very helpful.
Thanking you
ABDUL RAZIQUE
(Expert) 24 October 2013
“person of unsound mind” means any person adjudged to be of unsound mind under section 4 of the Mental Treatment Act or any person detained under section 113 or 117 of the Magistrates Courts Act;
The court may appoint a manager of the estate of a person of unsound mind on the application of a superintendent or other person in charge of a mental hospital, the commissioner of prisons or a relative of any such person of unsound mind.
On application being made under section 2 for the appointment of a manager of the estate of a person of unsound mind, the court shall inquire of the applicant or any other person whom it may summon whether or not the person of unsound mind has any suitable relative who is willing to manage that person’s estate.
If as a result of inquiries made under subsection (1), the court is satisfied that a relative of a person of unsound mind is a suitable person to act
as manager of the estate of the person of unsound mind and that he or she is willing so to act, the court shall appoint him or her to be the manager of that estate if it is of the opinion that a manager should be so appointed.
(3) If as a result of the inquiries made under subsection (1), the court is of the opinion that there is no suitable relative of a person of unsound mind who is willing to act as the manager of that person’s estate, then if the court is of the opinion that a manager should be appointed it shall appoint the Administrator General as manager.
manager has been appointed under section 3, the court may direct by the order of appointment, or by any subsequent order, that the manager shall have such general or special powers for the management of the estate as to the court may seem necessary and proper, regard being had to the nature of the property, whether movable or immovable, of which the estate may consist; except that—
(a) a manager so appointed shall not, without the special permission
of the court—
(i) mortgage, charge or transfer by sale, gift, surrender,
Where any person who has been of unsound mind ceases to be of unsound mind and that person’s estate or any part of it has been administered by a manager, the manager shall deliver an account in such form as the court shall direct of the property of which he or she was manager both to the person who was of unsound mind and to the court, and shall take such steps as the court shall order to ensure that the person who was of unsound mind is given full control of his or her estate or such part of his or her estate as he or she managed.
Devajyoti Barman
(Expert) 24 October 2013
Only the court appointed guardian can make application for transfer of property of an unsound mind.
Thyagarajan
(Expert) 25 October 2013
What are your interests in the matter?
Are you one the legal heirs or just well wishers for them?
Rajendra K Goyal
(Expert) 25 October 2013
Court can appoint to look after the affairs of unsound person.
Akshay.K.Bhandare
(Querist) 25 October 2013
Thank you All the Experts
Your views are highly valued and helpful.
ABDUL RAZIQUE
(Expert) 25 October 2013
always welcome with good idea and meaning.
Raj Kumar Makkad
(Expert) 25 October 2013
Well advised by experts so no more to add.
