The court emphasized the necessity of including all co-owners in guardianship petitions involving property rights, dismissing the petition for failure to do so.

Headnote:(A) Letters Patent Act, 1865 - Appointment of Guardian - Petitioners sought appointment as guardian for a mentally retarded person, M.Mohammed Ilyas, following the death of his father - The petition was dismissed due to non-impleading of co-owners of the property, which is necessary for such appointments. (Paras 5 and 6)

(B) National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 - Section 14 - The court directed the petitioners to approach the Local Level Committee for necessary orders regarding guardianship, emphasizing the need for proper legal procedure in such matters. (Paras 7 and 8)

Table of Content
1. details of family and property (Para 2 , 3)
2. examination of second petitioner (Para 4)
3. documents marked in evidence (Para 5)
4. dismissal of the petition (Para 6)
5. direction to approach local level committee (Para 7 , 8)

ORDER

This petition is filed under Clause 17 of the Letters Patent Act , 1865 for appointing the petitioners as Guardian of the person and Manger of the property in the matter of Mentally Retarded Person by name M.Mohammed Ilyas, S/o.Late Mohamed Ali.

2. The first and second petitioners are the mother and the elder brother of the mentally retarded person respectively. Late A.Mohammed Ali, the father of the mentally retarded person died on 22.07.2008 leaving behind his first wife by name Fareedha Banu and two children born to her and the second wife by name M.Rabiyadul Basharia and two sons born to her. The first petitioner after the death of her husband, has filed O.P.No.688 of 2014 for appointing her as a guardian of the person and property of the minor children namely Mohammed Zya Rahman and Mohammed Ilyas. This Court vide order dated 12.06.2014 has appointed her as a guardian for her minor children.

3. The property left by the deceased Mohamed Ali has been jointly enjoyed by his two wives and four children born through them. Since M.Mohammed Ilyas, the second son of Mohammed Ali, born through his second wife is a mentally retarded person suffered with Autism, appointment of guardian for the person and the Manager of the property has arose. Since the property left by Mohammed Ali has to be partitioned between two families in which the mentally retarded son of Mohammed Ali is entitled for 2/8 shares. Since there is imminent necessity to meet out the expenses, the present petition is filed for appointment of guardian and manager of the property. Two items of property are mentioned in the schedule in the petition and it is claimed by the petitioners that the mentally retarded son of the first petitioner is entitled for 2/8 share.

4. The second petitioner Mohammed Zya Rahman, his elder brother of the mentally retarded person is examined as P.W.1 and the following 11 documents were marked through him:

Sl.No.	Exhibits	Documents
1	P.1	Photocopy of Aadhaar Card of Mr.M.Mohammed Iliyas
2	P.2	Photocopy of the Death Certificate of Mr.A.Mohamed Ali
3	P.3	Photocopy of the Legal Heirship Certificate of Mr.AMohamed Ali
4	P.4	Photocopy of the Certificate of disability issued by Institute of Mental Health, Chennai-10
5	P.5	Certified Copy of the Order dated 12.06.2014 in O.P.No.68 of 2014 passed by this Hon'ble Court
6	P.6	Photocopy of the Partition Deed dated 11.06.2001 between Mr.A.Abdul Muthalib and three others.
7	P.7	Photocopy of the Sale Deed dated 01.03.1996 executed in favour of Mr.A.Mohamed Ali
8	P8	Downloaded copy of the guideline value of the property mentioned in the Partition Deed.
9	P9	Downloaded copy of the guideline value of the property mentioned in the Sale Deed.
10	P10	Declaration of Willingness of P.W.1 to act as guardian
11	P11	Certificate under Section 65B of the Indian Evidence Act, 1872
Sl.No.	Exhibits	Documents
1	P.1	Photocopy of Aadhaar Card of Mr.M.Mohammed Iliyas
2	P.2	Photocopy of the Death Certificate of Mr.A.Mohamed Ali
3	P.3	Photocopy of the Legal Heirship Certificate of Mr.AMohamed Ali
4	P.4	Photocopy of the Certificate of disability issued by Institute of Mental Health, Chennai-10
5	P.5	Certified Copy of the Order dated 12.06.2014 in O.P.No.68 of 2014 passed by this Hon'ble Court
6	P.6	Photocopy of the Partition Deed dated 11.06.2001 between Mr.A.Abdul Muthalib
7	P.7	Photocopy of the Sale Deed dated 01.03.1996 executed in favour of Mr.A.Mohamed Ali
8	P8	Downloaded copy of the guideline value of the property mentioned in the Partition Deed.
9	P9	Downloaded copy of the guideline value of the property mentioned in the Sale Deed.
10	P10	Declaration of Willingness of P.W.1 to act as guardian
11	P11	Certificate under Section 65B of the Indian Evidence Act, 1872

5. The death certificate of Mohammed Ali and Legalheirship Certificate are marked as Ex.Nos

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2024 Supreme(Online)(MAD) 42626

HIGH COURT OF MADRASDr. G.Jayachandran, JM.Rabiyadul Basharia and another – AppellantVersusNo Respondent – RespondentORIGINAL PETITION No.672 of 2024

The court emphasized the necessity of including all co-owners in guardianship petitions involving property rights, dismissing the petition for failure to do so.

HIGH COURT OF MADRAS
Dr. G.Jayachandran, J
M.Rabiyadul Basharia and another – Appellant
Versus
No Respondent – Respondent
ORIGINAL PETITION No.672 of 2024