rahul kumar (associate) 23 July 2012

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hello

there is a property which is registerd on the name of both husband and wife.the wife is mentally ill not physically fit.the husband wants to dispose off the entire property.they hav kids who r major and they dont hav any problem with the disposition of the property..

1.my question is how can the husband sell the property ?

2. wife being mentally ill cannot give the consent..in such case what is the procedure.

plzzzzzz help

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6 Replies

Adv Archana Deshmukh (Practicing Advocate) 23 July 2012

The husband can approach the District Court and get himself or some body appointed as guardian and manager of the property of his wife under the Mental Health Act, and take permission of the court to sell the property.

rahul kumar (associate) 23 July 2012

thx a lot archana...now u plz tell me under which section of mental health act is the provision given..

rahul kumar (associate) 23 July 2012

wat will b the format of the aplication

rahul kumar (associate) 23 July 2012

wat will b the format of the aplication and is der any provision in transfer of property act regarding my query...

plz help archana

Adv Archana Deshmukh (Practicing Advocate) 23 July 2012

Go thru S.53 & S.54 of the Mental Health Act for the appointment of guardian and manager of property of the mentally ill person, and S.59 for the powers of the manager of the property. The manager of property can make an application to the court for permission to sell the property.

There is no standard format of the application, it should be drafted as per the facts of the case. So plz engage a lawyer and he/she will do the needful.