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Mahesh Khare (Proprietor)     20 June 2014

Gardian certificate of handicapped certificate

If somebody has mentally handicapped person and his mother has 90 years old lady & they had no any relative other than his sister & her late elder son's wife. But her son's wife has not looking towards them . And quareled with her mother in law for her share in land.  They has owned a piece of land approx (2 hector). Now his mother wants to give all the rights of her & his mentally handicapped son to her daughter then how can she gave it . or if she done guardian certificate of him then can we legally transfer his share to his sister's name. But the said land is jointly owned by  Pl guide me.



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 2 Replies

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     20 June 2014

The mother can simply transfer her share to her daughter by executing a release deed. But, for transferring the right of mentally unsound son, the Guardian has to obtain permission of the Court.

Sunil S Nair (lawyer)     21 June 2014

Release deed is the best and only option but to transfer the rights of the mentally unsound person courts permission is must but like to know what type of property is it ancestral property in short who owns the property 


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