Succession act

Querist : Anonymous (Querist) 27 December 2011 This query is : Resolved
My aunt died intestate and his husband also pre deceased her. She also has no class I legal heirs. At the time of death she has taken loan for purchasing a plot and the loan with interest was accumulating the bank was sending notice for auction sale. She also has her PF money to her credit. For P.F She nominated my sister who is suffering from borderline mental retardation. Hence we obtained her mother has guardian under mental health act from the Madras High court.
We also obtained order that her mother is entitled to be appointed as the guardian of the person and properties and for the grant of letters of administration. We also obtained letter of administration to receive the benefits due to the deceased under PF on behalf of the mentally Ill person and properties which was mortgaged in the bank.

We have borrowed loan from outside and paid to the bank and redeemed the property. Now we want to sell the property to dispose of the loan borrowed for redeeming the property and use the remaining cash for the mentally Ill person.

Do we require permission from the court again for sale? Under Indian Succession act (S.307) or under the guardian wards act or mental health act?

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prabhakar singh (Expert) 27 December 2011
YES! YOU require permission from the court again for sale under the Guardian Of wards Act only!!!!!!!1
In my opinion you should have also moved to the court earlier informing that property loan due to bank is being arranged privately to retire bank's loan and to redeem property,Any way you should now furnish the details of deposit made in bank with its proof and also details of private loan arranged from each individual to gather with proof.