Who will be legal guardian of my differently able counsin

932 votes

HI
If your cousin brothers are in good medical (mentally cognitive ) health then only they can sell the property in their mother's name.
in the event of they being mentally challenged, then you need to approach the district court to take permission to sell your aunt's property.
physical disability is not a bar for your cousin's to execute a sale deed. but mental disability is a barrier and you will need court permission to sell their properties. Courts will grant permission subject to they being assured that the sale proceeds will be retained as deposit in the name of the cousin(s) and interest there of is being used to provide for the well being of the cousin's

Advocate Rajagopalan LawRato

844 votes

Respected Madam
In the instance , why you want sell the apartment , if you want to use that money to take care of your two elder cousin brothers (differently able ) then you can sell the same through court order.

Advocate Krishna Murthy Pasupula LawRato

654 votes

The first question is whether the coursins are minor ? Assuming, they are not. The question is why do u want to sell their property, let them sell in their names and you enjoy the benefit. They can sell the property belonging to their mother by producing proof that they are the only legal heirs entitled to the same to avoid future litigation, you remain out of deal. However, if you are keenly interested you can file a suit for declaration.

LawRato LawRato