Property owned by mentally ill person

The person is diagnosed and declared to be suffering from mental illness by a Medical Specialist: Psychiatrist?

The WILL(s) is (are) valid and duly acted upon without any cloud on it?

The permission from Dist. Court may be required.

The question arises: Would court be convinced?

It is mandatory to obtain the order of the concerned district court before anyone enters into any contract with respect to the property owned by a person suffering from mental illness.

Kumar Doab above is correct in saying that you will have to file an application to the nearest district court (section 50, Mental Health Act.)

The court shall then hold a judicial inquiry; serve notice to your sister to attend the inquiry in order to examine whether she really is of unsound mind (and thus incapable of managing the property.) If the court post-inspection considers your sister to be of unsound mind and is satisfied with your application, it shall pass an order appointing you as the manager of the property in question under section 54. (Please note, this is not the same thing as being appointed as the person's guardian under section 53.)

As the manager, you only have the option to lease the property for a period of less than 5 years without any special permission from the court. However, if you want to mortgage the property, or lease it for a period beyond 5 years, or sell it and so on, you may have to file another application to the court, which shall grant you the permission if and however it sees fit (Section 59.)

Thank you sir. For the valuable opinion and time spent on my problem.

Regards

Suresh Srikar

Thank you

Regards

Suresh Srikar

Thank you

Regards

Suresh Srikar

1st thing 1st: The WILL operated after death of testator.

Have both Father and Uncle died?

If both Father and Uncle have died, It is case of Testate Succession.

The forms/process/procedure is usually availble on website of Authority under whose jurisdiction property falls e.g; MC...........................or can be collected from office of Authority.

Submit certified copy(ies) of WILL(s) to O/o Authority under whose jurisdiction property falls, alongwith death certificate(s), Legal heir certificate(s)............

If No objection to WILL(s) is made the authority may transfer the wonership in name of beneficiary (ies).