1. The said guardianship is to be obtained under the provisions of the Mental Health Act.

2. Yes the consent of all the legal heirs is required to obtain the guardianship of the mentally ill person.

regards

1 .Yes mother can file for taking legal guardianship of she is taking care of her.

2.court can issue notice to other near relatives in case it seem fit.

Ask your mother ro apply for the legal guardianship of her sister.

Then siblings can be guardian if she is not married. You have mentioned the name as uncle so be specific with naming relationship.

What exact relation is between uncle and your mother's sister.

1) your mother can object to uncle being appointed as guardian 

2) court considers objections of legal heirs then passes orders 

3) consent of all legal heirs is not necessary 

Court would direct notice to be issued to all legal heirs 

you uncle cannot get guardianship without other legal heirs knowing about it 

Yes he can approach the court the court will invite objections from other legal heirs if no valid objections are there court will grant the custody

Yes court shall issue notice to the other family members.

If she is in the custody of you maternal uncle then he will get guardianship and not all. 

If your mother or other siblings has to go oppose with your uncle then they can go but they have to take responsibility of your mother sister who is ill.

So basically this guardianship is been claimed for the sharing the property. Even if he takes the asean ship of the lady he will not be able to claim the share of the property on the basis of the guardianship as she is not able to do any legal work because of her Insanity.

But during a lifetime the share of the properties can be used for her betterment.

Yes notice will be send to all the legal heirs.

If he does not apprise the court about the fact that other legal heirs exists then the same will amount to perjury and at the time of submission of the application he will have to declare on Oath that there is no legal heir. 

Regards 

Dear Querist

The Guardinaship can be appointed by the Court alone, if the Natural Guardian is no more, and for appointment of guardian the court will issue the notice to all the parties made by the plaintiff in which you mother will have the right to object and claim that she should be appointed as Legal Guardian of her mentally ill sister as a women the chance of winning the case is goes to your mother.

it will be better to file a caveat petition under section 148A of Civil Procedure Code-1908 before the court where you mother's sister is presently reside so in case your uncle file any case for guardian ship before the court, without given an opportunity to heard the court will not decide any issue or pass any order ex-party.

Feel Free to Call

1.  Your mother's brother can seek legal guardianship in the court only, your mother can very well object to this and file a counter objecting to the petition filed by him on the grounds she may rely upon.

2.Yes, the court will seek the opinion of all the siblings of the mentally ill person about this.

Yes, the court will send summons to all the siblings of the mentally ill person, if your uncle suppresses any name from the court, then the missed out person can file a petitioon to implead herself/himself as a party to the case and record the objections on the grounds her or she may rely upon.

Collector would invite objections from legal heirs if someone approaches him to be appointed as legal guardian of mentally ill person 

Sir the notice to the other legal heirs and family member inviting there objection can be issued 

For guardianship consent of all legal heir is not required. 

Where an alleged mentally challenged person owns property, any of his relatives may come forward with an application to the district court for holding an inquiry regarding his mental condition for the appointment of someone to manage his or her property. On the receipt of such an application, the concerned district court within the local limits of whose jurisdiction the mentally ill person resides, takes appropriate steps for initiating a judicial inquiry regarding the mental condition of the alleged mentally challenged person.After conducting such an investigation, in case the district court or the collector of the district confirms that the person is mentally challenged and incapable of managing the properties, it can appoint a suitable person as a manager for the property in question.

The manager appointed has the same powers with regard to the management of the property of the mentally challenged owner would have enjoyed. The manager has the power to execute conveyance on behalf of the owner after obtaining prior permission of the court. In case the manager wishes to execute mortgage or lease of such property for more than five years, then he has to obtain an order from the court before signing the mortgage deed/lease deed in lieu of the mentally ill person.

He has to serve notice to other legal heirs if any to take their say in the said matter. Then he will proceed with the same

(1) Where the mentally ill person is incapable of taking care of himself, the District Court or, where a direction has been issued under sub-section (2) of section 54, the Collector of the District, may appoint any suitable person to be his guardian.

Appropriate authority is District Court only. Check in your district if some direction has been issued for DC