Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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rights of guardians

Querist : Anonymous (Querist) 29 July 2011 This query is : Resolved 
I want to know ,What are the rights of guardian of lunatic? or Is there any provision that he(guardian) sells the property of lunatic without court permission ,or any other related person of that lunatic? Under which section he is restricted to do such.

Give your valuable suggestions.

Advocate Rajkumarlaxman (Expert) 29 July 2011
Power to dispose of lunatic's property for certain purposes.—The Court may,
if it appears to be just or for the lunatic's benefit, order that any property, moveable or
immovable, of the lunatic, and whether in possession, reversion, remainder, or
contingency, be sold, charged, mortgaged, dealt with or otherwise disposed of as may
seem most expedient for the purpose of arising or securing or repaying with or without
interest money to be applied or which has been applied to all or any of the following
purposes, namely :
(1) the payment of the lunatic's debts or engagements ;
(2) the discharge of any incumbrance on his property ;
(3) the payment of any debt or expenditure incurred for the lunatic's maintenance
or otherwise for his benefit ;
(4) the payment of or provision for the expenses of his future maintenance and
the maintenance of such members of his family as are dependent on him for
maintenance, including the expenses of his removal to Europe, if he shall be so
removed, and all expenses incidental thereto;
(5) the payment of the costs of any enquiry under this Chapter, and of any costs
incurred by order or under the authority of the Court.

The manager of the lunatic's estate shall, in the name of and on behalf of the lunatic,
execute all such conveyances and instruments of transfer relative to any sale, mortgage
or other disposition of his estate as the Court may order.
(2) Such manager shall, in like manner, under the order of the Court, exercise all powers
whatsoever vested in a lunatic, whether the same are vested in him for his own benefit
or in the character of trustee or guardian:
Querist : Anonymous (Querist) 29 July 2011
sir,thanks for your suggestions ,but court order (stay order)the guardian not to sell the property of lunatic ,because this is disputed in court,but he sell the property before 2 years ,without court what is the procedure that guardian get punishment for this illegal activity.
Advocate Rajkumarlaxman (Expert) 29 July 2011
is such is the case then he has done contempt of court . file contempt petition.
R.Ramachandran (Expert) 29 July 2011
Dear Anonymous,
It is quite bad of you.
If you know that the Court had already passed an order restraining the Guardian from selling the property, all that you should have told in your very first post was that when in spite of such restraint order, if the guardian disposes of the property, whether any action can be taken against him.
INSTEAD of asking such a straight question, you asked some other question and when answer is provided based on your query, you give additional facts. What is this. Why can't the querists come out with complete facts right at the beginning so that an appropriate answer could be given.
At least in future whenever you have to ask a query, better post the complete facts and not this sort of beating around the bush stuff.

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