Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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gift property

(Querist) 02 January 2011 This query is : Resolved 
if "A" donate a property in favour of "B" as gift.after that "B" becomes unsound minded,and leave the house.

no complaint file in police station.

what is the procedure to acquire that gift property in favour of "B" son and wife?
Khaleel Ahmed (Expert) 02 January 2011
You are advised to search B . No body can declare a person as unsound mind till the court declare him as unsound mind on opinion of two qualified medical experts.After declaration of the person as unsound mind the court will appoint on application a nearest relative as guardian of the unsound mind.Such property of unsound mind can not be transfered without the leave of court.
Kirti Kar Tripathi (Expert) 02 January 2011
Even the person is of unsound mind. No law can deprive him from his property. It can not be transfered till that person is alive or court has permitted to disposed of his property in his welfare. After his death his successors/ legal heirs will get as per succession ;aw applicable to them.
Advocate Bhartesh goyal (Expert) 02 January 2011
I agree with Mr.Kirti Kar.
s.subramanian (Expert) 02 January 2011
Yes. Mr.Kirti is right.
tushar (Expert) 03 January 2011
first note that he has of sound mind when A gifted property to B so the transaction is valid .
As the B not traceble so it is difficult to get declared him unsound mind in his absence
so first check out that whether missing complaint is filed in the police staion or not.And as per the law if the person is not found for sevan years from filing of such compliant then on such applcation has to made to the court for get declared that the B is dead and rest of the succession is as per the religion they belong.
Gulshan Tanwar (Expert) 08 January 2011

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