kiran (Project Manager) 09 February 2014

How can a sale of land of a mentally ill person be done?

I have a person in my relation who is mentally ill, under medication and with recurring mental disorders. There is no one to look after him. His son now around 18 years , also brought up by his wife's relatives. Everyone disowned the mentally ill person running for their own safety / convenience. Given this situation, there is only an option of putting him in any Rehabilitation center which can take care of him lifetime. This involves paying a hefty amount for his lifetime care. This person owns property worth 10-15 lakhs. How can his property sale be conducted for his own good?His only son is completely in favor of selling and putting his father in a rehab center. Please let me know all the legal process around this in order to carry out the sale.

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T. Kalaiselvan, Advocate (Advocate) 10 February 2014

As per the provisions of section 9 of Th Mental health act, 1987, where mentally ill persons own properties including land which they cannot themselves manage, the district court upon application has to protect and secure the management of such properties by entrusting the same to a 'Court of Wards' by appointing guardians of such mentally ill persons or appointment of managers to such properties.

Thus you can approach your jurisdictional district court with an application u/s 9 of the Mental Health act and seek relief desired.

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