• Sale of property

Is there any way by which property can be sold if the owner is suffering from 100% physical disability
Asked 6 months ago in Property Law from Rewari, Haryana
Religion: Hindu


1) Under section 14 of the National Trust Act, the Local Level Committee headed by the District Collector is empowered to appoint legal guardians for persons with Autism, Cerebral Palsy, Mental Retardation & Multiple Disabilities.

2) Every person appointed as a guardian of a person with disability under this
Chapter shall, wherever required, either have the care of such person of disability and his property or be  responsible for the maintenance of the person with disability.

3) he Local Level Committee has to ensure that the legal guardian appointed by it - must not mortgage, sell, lease, exchange or transfer the immovable property of the person with disability without the prior permission of the Local Level Committee obtained in this behalf."
Ajay Sethi
Advocate, Mumbai
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What is the nature of disability? The property of a disabled person can be sold by a guardian appointed by the court but the permission for sale would be granted in only exceptional cases
Ashish Davessar
Advocate, Jaipur
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484 Consultations
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