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Suresh (None)     03 January 2011

Property Rights of Mentally Disabled Person

Hi,

G1 had two wives W1 and W2, both W1 and W2 had sons and daughters. W1 had one son S1 and one daughter D1, and W2 had one son S2 and two daughters D2 and D3. D1, D2 and D3 all three got married before 1975. Now G1, W1, W2 and S1 are not alive. Now both S2 is staying with son of S1.

 

G1 had self aquired property in his name. After the death of G1, G1 son S1 had got all the rights of property owned by G1. G1 in his life time, has took loan from a bank on land he owned(year 1970s), S1 sold the land on 1984 to repay the bank Debit.

 

At the time of sale of the land S2 was mentally disabled, it is mentioned in the sale deed as 'S2 is mentally disabled at the time of sale'. Only S1 has signed on Sale deed, neither S2 nor D1, D2 and D3 signed the sale deed. Land has been sold on oral approval of D1, D2 and D3 and they got part of money after the sale of land.

 

My Question is:

1. Does D1, D2 and D3 have any rights on the above said property sold on 1984.

2. Does S2 have any rights on the above said property sold on 1984.

 

Thnks,

Suresh

 



Learning

 1 Replies

Bharatkumar (ADVOCATE )     03 January 2011

Both answer in "Yes".


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