share of father`s, self acquired property to mentally retard

Querist : Anonymous (Querist) 10 July 2010 This query is : Resolved
`X` is the father and has died intestate. He left behind, wife, son, mentally retarded daughter of 30 years, another daughter 28 years, married. Now `X` property is being sold.
What is the status and share of the mentally retarded daughter?
Can mother become guardian and enter into the sale agreement on behalf of her mentally retarded daughter and receive the monies?
Can the mother sign the documents(sale agreement and sale deed) on behalf of her daughter? Is it valid?

Regards

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Adv Archana Deshmukh (Expert) 10 July 2010
The mentally retarded daughter is also entitled to equal share in the property. Yes, the mother can become a guardian and act on behalf of the daughter for her benefit.

Querist : Anonymous (Querist) 10 July 2010
Dear Ms.Archana,

Thanks.

Regards,
mc

Devajyoti Barman (Expert) 10 July 2010
The mother can not act as the guardian of the minor daughter or mentally challenged daughter in any sale proceeds unless she obtains leave form the court of ld. district judge otherwise the sale is voidable.

Querist : Anonymous (Querist) 10 July 2010
Dear Mr.Barman,

Thanks.

regards,
mc

Chanchal Nag Chowdhury (Expert) 10 July 2010
Yes. the mother can sign on behalf of the mentally challenged daughter but leave of the District Judge is necessary. The court may set conditions on the mentally challenged daughter's share of the sale proceeds.

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