Sonia Sudhir Patel and 3 Ors. v. ----
Case brief
What is this about?
Allowed sale of a flat held on life interest for a mentally challenged person on condition of establishing a separate fund for his lifetime maintenance and upkeep.
What did the court decide?
Payment of Rs.15 lakhs for maintenance; entitlement to sell flat for not less than Rs.8 crores; 50% of proceeds invested for beneficiary's lifetime.
What the court decided
MP.8/2015(901)
1
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
MIS. PETITION NO. 8 OF 2015
Sonia Sudhir Patel & Ors.
...Petitioners
Mr. Chirag Balsara a/w. Mr. H.N. Vakil, Mr. Rushil Mathur i/b. Mulla & Mulla CBC for the Petitioners
CORAM : MRS. ROSHAN DALVI, J. DATED : 1ST OCTOBER, 2015
P.C. :
- The petition is filed under the provisions of Sections 52, 53 and 54 of the Mental Health Act 1987 for sale of flat No.27 in Shiv Tirth No.1, Co-operative Housing Society Ltd., Bhulabhai Desai Road, Mumbai – 400 026.
- The petition is in respect of the property and person of a mentally challenged person Sarju Madhu Patel aged 49 years who is the brother of petitioner No.1 and brother-in-law of petitioner No.2. The guardians of the mentally challenged person have been appointed under the order of this Court dated 13th December, 2004 in Mental Health Petition No. 9 of 2004.
Issues for consideration
2 issues framed by the court
Whether the court can allow sale of the flat in interest of the mentally challenged person by accelerating the testamentary trust.
Whether the petitioner No.1 is directed to pay maintenance amount before being entitled to sell the flat.
Parties & counsel
- petitioner
Sonia Sudhir Patel & Ors.
- other
Sarju Madhu Patel
Coram
Roshan Dalvi
Case details
As recorded by the court registry
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