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qader (clerk)     27 June 2014

Guardian right over property of minor post demise of minor

A Muslim couple has 4 children. Of the four children, one son is mentally week. Via registered gift deed parents give one of their properties to the mentally unsound son. To take proper care of the property of mentally unsound son, the parents nominate another son as the guardian of mentally unsound brother.



Please advise who will inherit the property of mentally unsound son after his demise. Presume that parents are also no more.  Will the guardian of the property will be the absolute owner of that property or the property shall be divided among 3 siblings including the one who has been made as guardian of the mentally ill son.


 1 Replies

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     30 June 2014

In the given circumstances, the person who acted as guardian will not get entire property with absolute right. On the other hand, he is entitled  only for his share along with the other legal heirs.

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