Guardian and Wards Act

Querist : Anonymous (Querist) 22 November 2010 This query is : Resolved
hello all
can father or next friend of a major unsound person be appointed as guardian and can seek permission to sell the property of said unsound person under Guardian and Wards Act. If No, under which Act he can seek such permission.

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Devajyoti Barman (Expert) 22 November 2010
Yes he can if he satiisfies the court the reasons behing it.

adv. rajeev ( rajoo ) (Expert) 22 November 2010
Father has to file a petition under the guardian and wardship act to appoint him as guardian of the unsound mind major son to sell his property. When there is no father then next friend can file.
The person who wants get him appointed as guardian has to prove that the property which he wants to sell is for the benefit of the unsound mind person.

G. ARAVINTHAN (Expert) 22 November 2010
Please go through this. Extract from Mental Health Act. This may be useful.
Section 53. Appointment of guardian of mentally ill person.—(1) Where the mentally ill person is incapable of taking care of himself, the District Court or, where a direction has been issued under sub-section (2) of section 54, the Collector of the District, may appoint any suitable person to be his guardian.

(2) In the discharge of his functions under sub-section (1), the Collector shall be subject to the supervision and control of the State Government or of any authority appointed by it in that behalf.