Woman can't sell ill son's property: Court

A Delhi court dismissed a woman’s plea to sell her 28-year-old mentally ill son’s share of property.

Additional District Judge Sunil Rana, however, partly allowed the woman’s plea and appointed her as the guardian of her son, who is unable to carry out work on his own.

The court made it known that neither the woman can be made “manager” of her son’s property nor she can sell it.

“The present petition is partly allowed only to the extent that the petitioner (mother) is hereby appointed as the guardian of mentally ill person (son), being his mother and natural guardian,” the judge said. “The prayer regarding the appointment of manager and to sell the property of the mentally ill person, to the extent of one-third of his share in the property in Shalimar Bagh, is hereby declined,” the judge added.

The woman, a resident of north-west Delhi, said her husband was owner of the property in Shalimar Bagh and after his death in 2010, she along with her two sons has equal shares in it. The woman had said she and her elder son wanted to sell their property.

The court rejected her plea for appointing her as the “manager” of her mentally ill son’s property, saying it was mortgaged by her late husband and its original documents are lying with a bank as the loan amount has not been cleared.