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SUNITA AGARWAL, ANIRUDDHA P. MAYEE
Vinayakrao Shantilal Desai – Appellant
Versus
NA – Respondent
JUDGMENT :
Sunita Agarwal, J.
1. Two connected matters, viz., Special Civil Application No. 9792 of 2018 and Letters Patent Appeal No. 1012 of 2018 have been filed by Mr.Vinayakrao Shantilal Desai who has appeared in person ("Mr. V.S. Desai, party-in-person") to argue the matter.
2. The appeal has been presented on 11.06.2018 challenging the judgment and order dated 01.05.2018 passed by the learned Single Judge in Testamentary Petition No.1 of 2018, filed under Section 300 of the Indian Succession, 1925. The party-in-person, viz. Mr. V.S. Desai who is the original petitioner in the testamentary suit, sought probate of the 'Will' executed by him as Manager in the name of Ms. Shraddhaben Manjulal Majmudar, for her properties.
3. It may be noted that the original petitioner, party-in-person was appointed as the Manager of Ms.Shraddhaben under the Mental Health Act, 1987 (hereinafter referred to as "M.H. Act") by an order dated 11.04.2012 passed in Misc. Civil Application No. 79 of 2017 by the District Judge, Vadodara. There is no dispute about the fact that Ms.Shraddhaben was mentally ill person and treated as indoor patient at the hospital for mental health. She had died on 01.01.2018
The legal vacuum created by the repeal of the Mental Health Act, 1987, and the absence of a prescribed procedure for appointing guardians under the Mental Healthcare Act, 2017 and RPWD-2016 influence....
The court reaffirmed the principle that guardianship for mentally ill persons should prioritize family relationships, allowing spouses and immediate relatives to jointly manage health and financial a....
A guardian appointed under the Rights of the Persons with Disabilities Act has authority to manage and transfer property on behalf of the individual deemed unfit, without additional procedural constr....
(1) Appointment of Administrator Pendente lite – Interim protection order cannot be granted in respect of estate which belongs to a Hindu/ Mohammeden/ Sikh/ Jain.(2) Inherent Jurisdiction – No inhere....
The court affirmed the validity of a Will executed under proper procedures, ruling that mere relationships or opportunities do not imply undue influence unless proven with clear evidence.
The judgment establishes the court's authority to invoke the parens patriae jurisdiction to appoint a guardian for a person in a comatose state in the absence of specific legislative provisions.
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