Can children of siblings claim property of mentally challenged aunt
03-Sep-2023 (In Property Law)
My father [late] has two sisters. Elder one [late], married but widowed at an younger age, with three daughters. Younger sister, mentally challenged and hence unmarried. My father was the caretaker of the whole family & had spent a major share in the marriage of the elder sister and also his all three nieces, the elder sister's daughters. Father's younger sister, being unmarried, stayed with us all through and now stays with me & my family. My deceased aunt or her daughters haven't spent any time or money on her so far. Still as per legal rights, my cousins have an equal right to my younger aunts property, is that not so?
If the younger Aunty have property on her name then after her demise her share distributed among 3 siblings and you equally. But you have one option by filing a O P under Mental Health Act – 1987 and Persons with Disability Act – 1995 before the district court for appointing that you are the legal guardian of Aunty and sell her share for her welfare if no one is looking her welfare.(Prior to 1993, Indian Lunacy Act, 1912 was governing the mental health in India)) The petition shall contain a statement of the reasons why it is not so presented/and of the circumstances under which he presents the petition. Also narrate the true stories about the expenses incurred by your father to her.
Other wise after the demise all the person come for share but they are not take her welfare and not spend even single pai when she was alive.You can use her property with court permission for her daily expenses and medical expenses
Other wise after the demise all the person come for share but they are not take her welfare and not spend even single pai when she was alive.You can use her property with court permission for her daily expenses and medical expenses
What are the legal rights you are referring to? Your aunts or their daughter have no rights or share in the property left intestate by your father. However, they have right if it is ancestral property or the property that belonged to the father's parents.
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