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Author Topic: Question Regarding a mentally Re tarted Child in wake of a property selling...  (Read 652 times)

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Offline surajkrishnan

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Dear All,

Let me put my question ,

There is a property for which there are 11 people are in acquisition of it .My mother is also one of the 11 persons.The property is inherited from my mothers mother (i.e. maternal side).Now out of this 11 persons ,One of the person got expired.And he has got (1 son of 23 years) ,(A mentally retarted son of 21 years) and a (daughter of 14 years) .Now some people have come down to buy the property and did give the token amount but the final sale is stranded which they said they can wait for 11 months or they will renew it.During the token amount given 10 people signed and the deceased person wife ,son of 23 years.The mentally retarted child of 21 years didnt sign and daughter being minor she too didnt sign.

Now the question i want to know what all particulars are needed to get the land sale done in wake of the mentally retarted child .We did get some certificate of the minor daughter which they said is ok ,but the mentally retarted child's procedure has taken more than 9 months.There has to be some committee formed where this  retarted child has to be presented thats what our lawyer is saying but there isnt any things moving forward.

I would like to know the procedure as to how to go about it.

Thanks & Regards.


Offline advmisthi

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A mentally retard and a minor cannot enter into a contract, hence their legal gardian has the legal right to act on their behalf.

even than the minor when becomes major can challenge the sale even if the gardian had given consent
Adv.Misthi Mukherjee
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Offline surajkrishnan

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Firstly thanks for the reply..
Thats fine what you said..but right now to sell the property its said we need some authority from  National commission where there wud be four authorities including district collector.

Thats whats has held up our sale..

Can you throw more light on what is that commission and sitting is all about ..

Hope u got the exact point with regards to my question ..


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