permission to sale share of unsound person

vinod bansal (Querist) 01 October 2010 This query is : Resolved
R/Experts
In given case a joint property is in the name of father (Now deceased)and he has left 6 son 4 daughter and her wife (Widow)Total 11 co sharer.Now position is this one of the son aged 45 years is mentally (fully)unsound and is un married.His mother want to file a petition seeking permission for sale of his share in fact she desire to gift the share of her above stated unsound son by executing gift deed to one of her sons.What is procedure for the same and how much chances are there of success in given circumstances.Unsound son is living with his mother and brother in whhose favour mother want to transfer his share,Ration cards are issued seprately for unsound minded son ,his mother and the brother in whhose favour mother want to transfer his share,though they are living in same house.

Follow Query

Report Abuse

s.subramanian (Expert) 01 October 2010
First of all you have to seek appointment of a guardian for this person of unsound mind. Then only you have to proceed further.

G. ARAVINTHAN (Expert) 07 October 2010
A competent court have to appoint a person as a Guardian for the Unsound person after getting the proof of the Unsound mind of the person.

Court have to order and the same to be dealt with