Can wife sell immovable property if husband is in coma? Here's what Madras High Court said

The court permitted Sasikala to sell property worth Rs 1 crore. It also ordered her to invest Rs 50 lakh in Shivkumar's name as a fixed deposit, from which she could draw quarterly interest

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The Madras High Court has delivered its verdict regarding the treatment of a man in a coma. The High Court appointed the man's wife as his guardian, granting her the right to sell his property to fund his treatment. Sasikala of Chennai had filed a case in the Madras High Court, seeking to be appointed as the guardian to manage her husband's property due to his health problems and coma.

Single bench judge ruled out 

Initially, the single bench judge hearing the case ruled that the petition for appointment as a guardian could not be admitted as it had no legal basis. The judge suggested that relief could be sought by approaching a civil court.

What court said? 

Upon hearing the appeal filed by Sasikala against this order, the bench of Justices Swaminathan and Balaji referred to a Kerala High Court judgment, stating that the court can issue an order appointing a legal guardian if there is no other legal recourse. The court ordered that the wife manage her husband's property, noting that despite significant expenses already incurred for hospital treatment, separate nurses would need to be appointed to care for the husband at home.

Allowed to sell the property 

Both of Sasikala's children, present in the court, expressed their distress, questioning what would happen if their mother was not allowed to sell the property. The judges acknowledged the difficulty of caring for a person in a coma and deemed it unfair to seek relief from the civil court. They overturned the single judge's decision and appointed Sasikala as the guardian of her husband, Shivkumar.

The court permitted Sasikala to sell property worth Rs 1 crore. It also ordered her to invest Rs 50 lakh in Shivkumar's name as a fixed deposit, from which she could draw quarterly interest