We are a joint family, although we live separately. We have a shop named after my grandmother (self-acquired in 2000). My father passed away in 2012. My grandmother suffers from dementia and doesn’t remember much. I suspect that my uncle is going to sell his property (or maybe he already has) by taking my grandmother to the registrar’s office on some pretext. Is there any way I can stop them from selling the property on the grounds that my grandmother is out of mind? Do I need to file a petition for this? Or can we file a claim for the property that may prevent them from selling without our consent? If they have already sold it, can it be challenged now?
—Name withheld on request
During your grandmother’s lifetime, you cannot make any claim on the property, especially since the shop is her self-acquired property. Therefore, in the given facts of your case, you must first file an application for appointment of guardian before the court of appropriate jurisdiction. This application must be filed during his lifetime. In this application, you have to first prove her inability to take a decision and then on that ground seek interim relief to appoint a suitable person as guardian for her under the Mental Health Care Act, 2017 so that your grandmother’s property can be. protected. The person appointed as guardian by the court shall act as the trustee and custodian of his property.
Also, once you apply, you can register Lis pendens With the sub-registrar’s office so that you can easily challenge any sales without your knowledge.
With regard to your question whether the sale can be challenged, if your uncle has already sold the shop, you can go to the sub-registrar’s office for search and apply for a certified copy of the sale agreement Huh.
Thereafter, you can use the sale agreement as a part of your proceedings. You can challenge such sale in the above application which can be filed for appointment of guardian.
Aradhana Bhansali is a partner of Rajni Associates.
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