Share of sale of mentally retired

Sarfaraz Chhipa (Querist) 25 January 2017 This query is : Resolved
How to sale of undivided share of mentally retired person?

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Sarfaraz Chhipa (Querist) 25 January 2017
Plz explain about the sale of share of mentally person?

Guest (Expert) 26 January 2017
Hi, Basically myself studying all laws related to mentally retarded child provision I will post after some time

Guest (Expert) 26 January 2017
Pre 2016 cases

1) Such cases where generally taken under provision of Mental Health Act 1987

Preset situation

1) Mental Health Act 1987 parliament is in final stage of repealing and bringing new act called Mental Health Care act and it was not passed in Dec 2016 due to caos in parliament due to demonetization.

2) But one new Act was passed in Dec 2016 and it is The Rights of Persons with Disabilities Act, 2016 it was published in Gazette of India on 28 Dec 2016

Its commencement is yet to be notified by Central govt (because this act will come in force when Central govt notifies as per sec. 2)

My information states generally it takes 3-6 months and then it will commence.

3) Mental Health Care Act (which is yet to passed from parliament this bill we can not say anything unless it is indeed passed)

4) Under circumstances I will suggest you take triple approach to the matter

1) Presume new act -- The Rights of Persons with Disabilities Act, 2016 is in force

2) Mental health act 1987 is force legally

3) New act which can come in force after Feb.

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General and overall provision after studying latest act , previous act and incoming act is

1) You need to apply in District Court for inquisition about mental health of mentally retarded person , it will be done by Doctors appointed by Court or their panel

2) After they give report then you need to appoint guardian from Dist. Court

3) Above two procedure will take around 3-4 months min.

4) Then under new law The Right of person with disabilities Act 2016 sec 14 guardian or relative will be required to apply for appointment of a limited guardian to take legally binding decision on behalf of mentally retarted person.

Decision which limited guardian should take will require approval of Hon. District Court and funds transfer regarding mentally retarted person in specific account etc as directed by Hon. District Court.

5) Above point 2 and 4 are clashing or overlapping this thing is because of two law , one law which is yet to come in force and will commence when infrastructure is ready in 2-3 months and old act which is going to get repelled in 2-3 months .

6) So there can be some variation or further rules change in this transit period till May 2017

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To reduce expenses there is provision under the new law THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016 that District legal cell has to help person legally with disability and in your case that is (mentally retarded person) free of cost.

You approach dist legal cell It will be present in District Court of your District

tell them that you want first 1) Official appointment of guardian for mentally retarted person or 2) If natural gaurdian like father mother are alive then appointment of limited guardian to take legally binding decision on behalf of mentally retarded person as per new act that is THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016

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Please note copy of this act of 2016 is not yet in book stall also so , if you need need act copy of 35 pages please email me on my email address kmadhu786@gmail.com

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Last as far as possible try to take steps as per latest act so all transaction are proper , don't concentrate on old act which are going to get repelled in month time

Concentrate on THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016

Guest (Expert) 27 January 2017
I feel you require THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016

and some notes which I removed in such case , I will give one imp. points note which I made and the act copy take it while you go to Dist. Cell

(Because I am almost sure this new act copy they won't posses because private publishers have not yet printed this I concluded after visiting leading book publishers website)