Property of mentally disabled person - abscounded

Guest (Querist) 17 August 2013 This query is : Resolved
Clients Brother was a mentally disable person. He has abscounded since 2003 years. However no police complaint for missing person was lodged. Client has multiple doctors certificates to prove the illness.

He owned a flat (no society formed as yet) which was purchased in 1984 when he was sane and which is required to be transferred to clients name.

His parents are dead and the only surviving person is his brother, who was staying there with him, and is now currently staying in that flat with his family.

Can such brother be legally called the custodian. or any written agreement is required to make him custodian. Also can such custodian deal in the property in the absence of the disabled person

Please provide any other kind of solution to transfer such flat

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Nadeem Qureshi (Expert) 17 August 2013
7 years is mandatory for declaration of a person dead.
he can be if there is no other heir of him or any object to any other relatives.

Rajendra K Goyal (Expert) 18 August 2013
Repeated query:

http://www.lawyersclubindia.com/experts/Property-of-abscounded-mentally-disabledl-person-416441.asp

prabhakar singh (Expert) 18 August 2013
WHY REPEATED?

Raj Kumar Makkad (Expert) 18 August 2013
As per law, the courts have to ensure the protecton of the properties of such persons and a legal gardian is empowered to look after the interest of such persons and a specific permission from court is required to be obtained prior to the disposal of their property for their welfare.

Sudhir Kumar, Advocate (Expert) 18 August 2013
already advised on

http://www.lawyersclubindia.com/experts/Property-of-abscounded-mentally-disabledl-person-416441.asp

the onus of proving him as missing for last 7 years is with you.

Guest (Querist) 19 August 2013
I am sorry for the repetition. After getting the answer i had further doubts about who can be custodian.. But since it was my first day on the site, i did not know then that i can make the same query "open"
No disrespect intended.

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