You can seek refund of money paid by you with interest
2) you will not get any monthly or one time payment from court for taking care of lunatic
3) all 3 would get equal share
Guardianship - amount spent by guardian
Hi Property belongs to eldest son of my grand father who died in 1980 and his wife was lunatic. I was appointed as court guardian to a lunatic woman in 2001. I took care of person and property of the woman, later I sold the property after obtaining permission from hon'ble court and deposited money in courts account. I was spending amounts from my pocket and submitting accounts to court every year and getting my amount reimbursed after 3 or 4 years. In 2010 the lunatic woman died and the amounts spent by me from 2006 till 2010 which was around Rs. 3,00,000 is still not reimbursed by the court, all accounts were submitted by me to court in 2010 itself and the application I filed for reimbursement was returned as there was no legal heir who came forward that time. Now legal heirs are coming forward to claim the balance amount which is around 20 lakhs 1. Will I get any interest on my amount of Rs. 3,00,000 as the whole court amount was in bank deposit always? 2. Will I get any monthly or one time money from court for taking proper care of the lunatic during her lifetime? 3. I'm also one of legal heirs, who is only son of a daughter of my grand father. Other two legal heirs are son's of one son of my grand father. How much share I would get in the balance? Please give me details: 1. Amount spent by me 2. Interest on my spent amount 3. My share in balance Regards
Asked 4 years ago in Property Law
Religion: Hindu
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
7 Answers
Dear Sir,
My answers are as follows:
- Will I get any interest on my amount of Rs. 3,00,000 as the whole court amount was in bank deposit always?
Ans: yes, you will get Rs.3L plus interest there on.
- Will I get any monthly or one time money from court for taking proper care of the lunatic during her lifetime?
Ans: you will get one time amount.
- I'm also one of legal heirs, who is only son of a daughter of my grand father. Other two legal heirs are son's of one son of my grand father. How much share I would get in the balance?
Ans: It depends section 15 and 16 of Hindu Succession Act and total number of legal heirs.
1. Yes
2. One time money only
3. You have no share.
1) Yes, you should get expenses made from 2006-10 and can give previous refunded amount by court.
2) Yes, you can demand for interest on amount spent till 2010.
3) All sibling of your aunty will have equal sharing ratio but before that you can produce guardian rights court order and whatever mention in it, so can ask according to that all expenses made by you.
1. Yes as per direction of court
2. As per direction of court.
3. It will be divided equally in all legal heirs.
1. The amount held in bank as deposit by court shall accrue the deposit interest as per the rates as fixed by the bank at the time of depositing the amount. So you may claim the interest also for Rs. 3,00,000 that you are entitled to be reimbursed on the basis of the claim that you have submitted in the year 2010.
2. The remuneration for taking care of the lunatic person in the capacity, if any, should have been fixed at the time of appointing you as court guardian, hence you may go through the orders appointing you as guardian by the court to have more clarity on this issue.
3. If your mother is living then she only shall be the legal heir along with other class II legal heirs, however if your mother is not living then her share in the property shall devolve among al her own legal heirs which means you and your siblings .
A.1. In your case you need to refer judgment under which the conditions of guardianship were explained. If there is no utterance of interest on the expended amount, you may apply before the concerned court under Section 152 of CPC where the court has inherent power to modify the conditions of reimbursement as mentioned in the judgement. If the court denies to modify the condition and agree to pay interest on Rs. 3,00,000/-, then you may raise your grievance under Special Civil Application before Hon'ble High Court.
A.2. You need to refer the judgement under which the conditions of guardianship were explained, in case if the court has mentioned about remuneration to the guardian apart from reimbursement of expenses incurred on the maintenance of ward(lunatic lady mentioned above), then you may claim remuneration in consonance with the order.
As what you are asking for is against the care that you have taken during the life of lunatic, you cannot claim accumulated remuneration for the same after death of lunatic unless it is mentioned in the judgement under which the conditions of guardianship were explained.
A.3. You being the legal heir of the lunatic, can claim equivalent share i.e. 1/3rd as that of other legal heirs of the family. Kindly refer to the judgement of Hon'ble Karnataka High Court in the case of Indira Bai v/s Shyamasundar reported in 1988 (1) KantLJ 426 : ILR(Kar) 1988 Kar 1095.
