Gujarat High Court on Wednesday has firmly stated that guardians or managers of mentally ill individuals cannot create wills on their behalf. The courts’ decisions were grounded in Section 59 of the Succession Act, which stipulates that a mentally ill person is incapable of creating a will, as it requires the conscious decision-making ability regarding the disposition of one’s property posthumously.
The Gujarat High Court on Wednesday has firmly stated that guardians or managers of mentally ill individuals cannot create wills on their behalf. This ruling came to light following the dismissal of an appeal concerning the estate of Shraddha Majmudar, a former lecturer and PhD holder who suffered from chronic schizophrenia and was institutionalized in 1994.
Vinayakrao Desai, a former lawyer from Vadodara, had been overseeing the properties of his landlord’s daughter, Majmudar, following her institutionalization due to her deteriorating mental health. Despite her academic achievements, Majmudar’s familial relations were strained, leading to the Vadodara district court appointing Desai as the property manager. Although Desai initially proposed that the district collector assume this responsibility, the suggestion was met with reluctance.
The management of Majmudar’s properties, worth crores, became a subject of legal scrutiny when her relatives contested the court’s decision. However, the high court upheld Desai’s appointment in 2015. Following Majmudar’s death in January 2018 at the age of 76, the focus shifted to the disposition of her estate.
Desai established the Shraddhanjali Manochikitsa Trust, aimed at supporting mentally ill individuals, and sought to allocate Majmudar’s properties to fund the trust. In 2016, he drafted a will on Majmudar’s behalf, intending to secure the future of the trust with her assets. However, this move sparked legal challenges, leading to the rejection of the will’s probate by both the district court and the high court, as Desai’s position as a manager did not empower him to make a will on behalf of Majmudar.
The courts’ decisions were grounded in Section 59 of the Succession Act, which stipulates that a mentally ill person is incapable of creating a will, as it requires the conscious decision-making ability regarding the disposition of one’s property posthumously. The high court underscored that a will must reflect the personal intention and decision of the property owner, a capability that Majmudar lacked due to her mental condition.
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The court articulated,
“How can a manager appointed for the property make a will in her name to express her intention to be carried into effect after her death? Since the very intention, which is the soul of the Will, cannot be found in the document of Will made by the manager in the name of the mentally ill person, it could not be said to be the Will of the mentally ill person in the eye of law.”
This verdict not only dismissed Desai’s appeal but also set a significant precedent regarding the legal limitations faced by guardians or managers of mentally ill persons in handling their assets. The Gujarat High Court’s ruling reinforces the principle that the creation of a will is an inherently personal act that cannot be delegated, especially in the context of individuals unable to express their intentions due to mental illness.
The case serves as a critical reminder of the complexities surrounding guardianship, mental health, and legal rights to property and estate planning, emphasizing the need for clear legal directives and ethical considerations in managing the affairs of the mentally ill.