Legal Question in Real Estate Law in India

My faher expired 10 years back leaving behind eight legal heirs. Mother and seven chidren are legal heirs. The seventh legal heir i.e my younger brother is mentally ill for the past 18 years and we have produced him in the City Civil Court chennai and he was duly examined by a medical panel of the govt mental health hospital chennai and my mother was declared as the guardian for the person and the property. The exact words of the order are

The petioner has filed this application under section 53 of the Mental Health Act 1987 seeking appointment of guardianship for the person and property of her son mentally challenged Mr. XYZ .

This petition coming on dd/mm/yy for hearing before me , in the presence of Ms x, y and z counsel for the petitioner and upon hearing the arguments and upon perusing the petition and documents and having stood over for consideration till this day , this court in allowing the petition doth order and decree as follows:-

1 that the petitioner be and is hereby appointed as guardian of her son Mr X , The mentally ill person for the purpose of looking after and taking care of him and for administering and maintaining the prpoerties so far as his share is concerned on his behalf.

Given under my hand and seal of this court the __ day of ____ 2003.

Now we want to sell the property left behind by our father. All the legal heirs have agreed to the terms and condition of sale. The mother ie the guardian will sign on my brothers behalf.

The buyer is insisting on a fresh court order containing the word sale and we are of the contention the existing order would suffice.

Pls advice. The buyers lawyers are of the opinion this order is good for maintainance and not for sale.

Pls suggest .


Asked on 11/09/10, 10:54 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

to my mind buyer is right. Maintaining the property would not include sale of the property. The court will have to allow guardian to sell the property falling into share of X

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Answered on 11/09/10, 6:54 pm


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