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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The appointment of a guardian is often based on familial relationships, and courts have recognized the authority of parents or close relatives to act in this capacity 2023 Supreme(Online)(MAD) 17390, 2022 Supreme(Online)(MAD) 11644.
How to Sell Property of a Person in Coma:
Analysis and Conclusion:- The legal framework in India permits the appointment of guardians for persons in a coma, primarily family members, who are authorized to manage and sell their properties for medical and welfare needs.- Such transactions require strict adherence to legal procedures, including court or authority approval, to prevent unauthorized alienation of property.- Guardianship and sale processes are designed to safeguard the interests of the incapacitated person, ensuring proceeds are used appropriately.- Therefore, legal heirs or guardians can sell the property of a person in coma, provided they follow the legal protocols and obtain necessary approvals from courts or authorized bodies.
References:- 2023 Supreme(Online)(MAD) 17390- 2023 Supreme(Online)(MAD) 38917- 2023 0 Supreme(Telangana) 272- 2025 Supreme(Online)(Mad) 36934- 2022 Supreme(Online)(MAD) 11644- 2024 0 Supreme(Guj) 2090
Imagine a loved one suddenly slips into a coma, leaving their affairs—including valuable property—in limbo. Families often face the tough question: Can the of the person in coma sell his property, or how to sell the property of a person in coma? This scenario raises complex legal issues under Indian law, balancing the need for financial support (like medical expenses) with protecting the incapacitated person's rights.
This blog post breaks down the legal framework, step-by-step processes, roles, and key considerations. Note: This is general information based on legal precedents and statutes, not specific legal advice. Consult a qualified lawyer for your situation.
In India, a person in a coma is not deemed dead for property purposes until legally declared so. cannot freely dispose of the property without authority. The , particularly , plays a pivotal role. It allows consenting to sell property while safeguarding absent heirs' interests by requiring a deposit of sale proceeds with the court. 2023 0 Supreme(Del) 3934
Key principles include:- ' rights: Heirs can sell, but only after following procedures to protect all parties. 2023 0 Supreme(Del) 3934- Consent requirement: For or multiple heirs, all must typically consent, especially if a will or agreement specifies conditions. 2013 0 Supreme(Mad) 1792
Courts emphasize that persons in coma are not considered mentally challenged; thus, transactions must comply with property laws, requiring court or authorized approval. 2023 0 Supreme(Telangana) 272
Often, the first step involves appointing a legal guardian. Indian courts frequently appoint family members—like spouses or children—as guardians for individuals in coma or vegetative states (PVS). Examples include cases from Tamil Nadu where guardians were authorized to manage and sell immovable properties for medical and welfare needs. 2023 Supreme(Online)(MAD) 17390 2022 Supreme(Online)(MAD) 11644 2022 Supreme(Online)(Mad) 101565 2025 Supreme(Online)(Mad) 36934
insights:- Courts grant authority to sell properties to meet medical expenses, but sales must adhere to legal provisions. 2023 Supreme(Online)(MAD) 17390 2023 Supreme(Online)(MAD) 38917 2022 Supreme(Online)(MAD) 28755- Guardians cannot alienate immovable properties without express court permission. 2023 Supreme(Online)(MAD) 17390 2022 Supreme(Online)(MAD) 28755- Proceeds must benefit the person in coma, with periodic account statements filed before authorities. 2022 Supreme(Online)(MAD) 11644 2025 Supreme(Online)(Mad) 36934
In one writ petition, a family sought appointment as legal guardian to manage affairs, highlighting the need for formal authority.
- 2021 Supreme(Online)(MAD) 24092
Selling requires structured steps to ensure legitimacy. Here's a typical process:
Obtain Legal Authority: Apply for or . This legitimizes heirs' or guardians' actions. 2023 0 Supreme(Del) 3934
Secure Consent from All Heirs: Gather written consent. For absent heirs, courts may allow sales but mandate depositing proceeds (e.g., 50%) in trust. 2023 0 Supreme(Del) 3934
Seek Court Approval: File a petition in the appropriate court (e.g., ). The court notifies heirs and verifies rights protection. Guardians need similar approvals for sales. 2023 0 Supreme(Del) 3934 2023 Supreme(Online)(MAD) 17390
Deposit Sale Proceeds: Courts often require a portion (e.g., 50%) deposited to safeguard interests. 2023 0 Supreme(Del) 3934
Execute the Sale Deed: With approvals, proceed to sale via deed, complying with court conditions. In supervised cases (e.g., liquidation), auctions may be used. 2024 0 Supreme(Guj) 2090
File Accounts: Guardians must submit transparent records of proceeds used for treatment and upkeep. 2022 Supreme(Online)(MAD) 11644
These steps align with judicial directives to prevent unauthorized sales. 2022 Supreme(Online)(Mad) 101565
While feasible, challenges arise:- Disputes Among Heirs: Disagreements may need mediation or court intervention.- Strict Oversight: Sales for non-welfare purposes (e.g., personal gain) are invalid.- Euthanasia Irrelevance: Note that issues like denying food to coma patients relate to , not property sales. 2018 2 Supreme 164 2011 2 Supreme 481
Pro Tip: Engage legal counsel early. They navigate Succession Act provisions, file petitions, and ensure compliance.
Other nuances:- Juridical entities (e.g., dioceses) can sell properties independently, but personal cases differ. 2018 0 Supreme(Ker) 98- No valid agreement to sell means no possession transfer. 2010 0 Supreme(J&K) 477
Yes, or appointed guardians can generally sell a person in coma's property in India, but only through rigorous procedures: appointment, heir consents, court approvals, and proceeds safeguards. This protects the incapacitated individual while allowing necessary funds for care.
Key Takeaways:- Prioritize or . 2023 0 Supreme(Del) 3934- Always obtain court permission for sales. 2022 Supreme(Online)(MAD) 28755- Deposit proceeds for absent heirs. 2023 0 Supreme(Del) 3934- Use funds solely for medical/welfare needs. 2025 Supreme(Online)(Mad) 36934
Facing this? Consult a property law expert immediately. Laws evolve, and case specifics matter.
References: 2023 0 Supreme(Del) 3934 2013 0 Supreme(Mad) 1792 2023 Supreme(Online)(MAD) 17390 2023 Supreme(Online)(MAD) 38917 2023 0 Supreme(Telangana) 272 2025 Supreme(Online)(Mad) 36934 2022 Supreme(Online)(MAD) 11644 2024 0 Supreme(Guj) 2090
- 2021 Supreme(Online)(MAD) 24092
#PropertyLawIndia #ComaPatientRights #LegalHeirs
ill person R.Veeraraghavan and to permit the first petitioner to sell the property for meeting the medical expenses of R.Veeraraghavan. ... guardian and manager of the mental ill person and to grant an order to the first petitioner to sell the property for the medical expenses of the Mental Ill patient Mr.Veerarahagavan. ... Hence, they have filed this petition seeking permission to appo....
the first petitioner as the legal guardian and manager of mental ill person R.Veeraraghavan and to permit the first petitioner to sell the property for meeting the medical expenses of R.Veeraraghavan. ... mental ill person and to grant an order to the first petitioner to sell the property for the medical expenses of the Mental Ill patient Mr.Veerarahaga....
In India, as on today, there is no provision get the petitioner appointed as guardian of the property of the person who is in coma. ... (iv) The person seeking appointment as Guardian of a person lying in comatose state shall be a close relative (spouse or children) and all the persons to be classified as legal heirs in the due course shall be in the party array. ... I....
State of Tamil Nadu (W.A.No.1538 of 2024), the first petitioner is appointed as a guardian for all the person and property of the said Mr.P.Sivasubramaniyan. ... If any properties are sold and the monies are withdrawn, the same shall be spent in the best interests of the person who is lying in coma. ... (iii) Apart from the family and other expenses, funds shall be earmarked for the continuous treatment and upkeep of the ....
In a similar matter, involving another similarly disabled person, this Court had appointed a legal appoint him as a legal guardian for his son Mr.Prasana Kumar. ... Being similarly placed, the petitioner is also entitled to be appointed as legal guardian and being the father, his case is further strengthened. 10. ... There is no iota of doubt as seen from the documents/medical reports placed on record ....
In a similar matter, involving another similarly disabled person, this Court had appointed a legal guardian by order dated 05.02.2021 in WP No.13060 of 2020. ... The petitioner's son Mr.Prasana Kumar, aged about 39 years is a patient diagnosed with Hypoxic ischemic encephalopathy and Quadriplegia and he is currently in a vegetative coma state for the past ten years ever since 2012 and is unable to carry out on his regular activities like a ....
(f) The transactions in respect of the property of the person lying in coma state by the guardian shall be strictly in accordance with the relevant provisions of law. ... the immovable property standing in the name of her husband and to use the proceeds towards medical treatment of her husband and family welfare expenses. ... The first petitioner is admittedly the wife of Sivasamy, who is also the nominee for the bank acc....
This writ petition has been filed to issue a mandamus, directing the respondent to consider the petitioner's application No.TCMAU8632159443 to be appointed as the legal
to be exercised with sanction of the Company Court and has further submitted that, as per section 457 (1) (c) official liquidator can sell the property of the company in liquidation by public auction or private contract, with power transfer the whole thereof to any person or body corporate or to sell ... This Court vide its order dated 14.06.2024 passed in Official Liquidators Report No.29 of 2024 had permitted Respondent ....
Later on, accused agreed to sell another property but failed to get the sale deed executed. 2.3 Ultimately, the two petitioners, i.e. ... 2.1 Perusal of the paper book reveals that complaint No.COMA/7777 of 2019, titled M/s Classic Finserve Pvt. Ltd. v. Daljeet Singh; and complaint No.COMA/7773/2019 titled M/s Classic Finserve Pvt. Ltd. v. ... 2.4 With regard to cheque issued by Daljeet Singh, complaint No.COM....
Denying food to a person in coma or PVS may also amount to passive euthanasia. As already stated above, euthanasia can be both voluntary or non-voluntary. Similarly not giving life-saving medicines like antibiotics in certain situations may result in passive euthanasia.
Cardinal or Major Arch Bishop, as the case may be, is not the Diocese. The said juridical person can acquire and sell properties. Even though the writ petitioner has stated that the Diocese is in the nature of constructive trust, it cannot be said that the Diocese is a constructive trust; whereas it is a juridical person. At the same time, Diocese is the juridical person and not the 3rd respondent, 'Major Arch Bishop'.
"In this particular case, she had about 100 per cent burns and it is possible that she might have gone into shock after burns immediately. After burns the patient has remained alive for 20 days, he could not say what was the condition of the patient from the date of occurrence till date. Under such circumstances, a person can talk till death if has not gone in deep coma.
Similarly not giving life saving medicines like antibiotics in certain situations may result in passive euthanasia. Denying food to a person in coma or PVS may also amount to passive euthanasia.
A person cannot be put into the possession of a property unless there is a valid agreement to sell executed by the owner in his favour. On his own showing the only document on which petitioner places reliance is an agreement stated to have been executed by respondent nos. His contention that the possession of the prospective Vendee under an agreement to sell is permissive, is not only misconceived but contrary to the facts also. 4 and 6, whom petitioner admits not to be the o....
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