Dear Experts,
For a HUF of 3 direct Coparceners, one is mentally ill and already officially declared by a district hospital. He is unmarried and already 58 (age) and needs the support of a rehabilitation center till the end. He holds equal rights in a property (self-aquired by his father). Both father and mother are dead.
If the other 2 Coparceners decide to sell the property, I believe a permission is needed from a court. But there is no legal guardian yet. So is a legal guardianship a pre-requirement for the sale of the property?
Also when the property is sold, for the share of the mentally ill person, is there any possibility of putting as a Fixed Deposit till his end, with a strict instruction not to break it? Or does that need a legal guardian to officially manage it?
If legal guardianship is needed, can a joint petition for both legal guardianship and permission for sale be filed? How simple is the process?
Regards,
Harsha Vardhana R
