Get a guardian appointed to guard belongings

Ours is a joint household, although we dwell individually. We have a store that’s within the title of my grandmother (self-acquired in 2000). My father handed away in 2012. My grandmother suffers from dementia and doesn’t bear in mind a lot. I’ve apprehensions that my uncles are going to promote her property by taking my grandmother to the registrar’s workplace on some pretext (or perhaps they have already got). Is there any approach I can cease them from promoting the property on the grounds that my grandmother is of unsound thoughts? Do I have to file a petition for that? Or can we register any claims to property which might forestall them from promoting with out our consent? If they’ve already bought it, can it’s challenged now?

—Name withheld on request

During the lifetime of your grandmother, you can not elevate any claims to the property, particularly because the store is her self-acquired property. Therefore, within the given info of your case, you’ll have to first file an utility for appointment of a guardian earlier than the court docket having the suitable jurisdiction. This utility must be filed throughout her lifetime. In this utility, you’ll have to first show her incapacity to take choices after which on that grounds search an interim aid of appointing an acceptable individual as guardian for her below the Mental Healthcare Act, 2017, in order that the belongings of your grandmother may very well be protected. The individual so appointed by the court docket as guardian shall act as trustee and guardian of her property.

Also, as soon as the appliance is filed, you’ll be able to register Lis Pendens with the sub-registrar’s workplace to be able to simply problem any sale if carried out with out your information.

As regards your question whether or not the sale will be challenged, in case your uncles have already bought the store, you’ll be able to go for a search within the sub-registrar’s workplace and apply for a licensed copy of the sale settlement.

Thereafter, you should use the sale settlement as part of your proceedings. You can problem such sale within the aforesaid utility which may be filed for appointment of a guardian.

Aradhana Bhansali is companion, Rajani Associates.

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