AMENDMENT OF PERSONS WITH DISABILITY ACT-1995 PROPERTY

[kodakkal]

SUB: Amendment of Persons with Disability Act 1995 – Property of the
disabled person to be protected by the Law and Will can be made in the
favour of Disabled person name –reg.





This has been written in context of Public Interest and hereby brings
the matter to your kind notice that Disabled person’s properties were
looted out by their relatives and other family members. So I request
you to take necessary steps to amend the disability Act 1995 to
protect their belonging and other property from the public and other
relatives. I hereby want quote two of the incident.



1) In one the farmer’s family, there are two sons,
three daughters. One among the child is blind boy. When father wanted
to seek for alliance for the blind, nobody come forward to marry the
boy. All daughters were elder to these two sons. All are got married
except blind son. The health of father is also weakened so father has
decided to write a Will at this later stage stating the 70% of the
property to be enjoyed by the blind son and 30% of it to another son
who already married and well settled . All sisters were well settled.
On death their father and mother , they fighted each other and
sisters had filed partition suit and challenged in the court that the
Will was prepared after his father’s death . No one in the family come
forward to witness the situation and to say that the Will is genuine
case and it was prepared by his Father only and he registered also.
Even then opposite party argued with latest amendment on Hindu
Succession Act which says that all daughters are co-parceners and
they can claim the property equal to that of sons. Also they claimed
that Will made in the favour of Blind person is not valid one as he
can’t see and execute the family matters. My question is that When
societal weightage given to female in a family who are able person,
why not weightage should not be given to blind (Handicap person ) who
need help from others .Why not Govt should amend the Laws in
protecting handicap. One of the interest things is that marriage
suppose to happen for the blind son was cancelled by bride family as
they have shown interest in the alliance based on the back up of 70%
property on his name . Once the daughters filed a partition suits,
bride family cancelled the marriage and blind son left abandoned and
now nobody takes care of him. Since he studied upto Graduate level ,
he got into teacher post in private NGO schools . Since he is
graduate he can able to survive .He was cheated by his family members
though his father has given right by way of Will . Imagine in case
this blind son was not graduated and not get any job , his life will
be very pathetic situation . There are so many blind sons were
affected like this. At least they can be given the rights what his
father had given in his favour by way Will . Atleast Govt should take
the initiative steps to govern and safeguard the property by way
amendment in Persons with Disability Act 1995

2) The same case was happened to Orthopaedically
handicapped guy in Tamilnadu . In this family he is the only son and
five sisters and all are elders and married and well settled . In this
family, one of the sisters threatening him that she should be given 10
Lakh cash or equal property .Otherwise she would go to court. Here
Father and mother were expired 10 years and 12 years back
respectively. Father has written registered Will in the favour of his
only son being a Handicap and all sisters were settled by his father
by way jewels and cash unlimitedly. He has mentioned the same in the
Will. Just one year back , handicap guy got married (at the age of 36 )
as no bride has come forward to marry him and his parents are no
more. This marriage also settled based on the agreement that 30% of
property to be written in the name of bride if marriage to be held and
due to his handicap for safeguarding the life of the bride. After
marriage, this agreement was met. Now the girl who married the
handicap left due to the family dispute thinking that the property
will be shared among all taking her 30% share also which she got
through agreement made by handicap groom. This is the situation

Now how the Govt. will prevent the situation raised above and
safeguard the property belongs to handicap in the society and atleast
Govt should take initiative action to safe guard the rights of
handicap given by his Parents from their family members.



Similarly handicap’s property are looted by the public also as they
can’t do anything either by physically and mentally.



Hence I request you to amend the “The person with Disability 1995”
citing the Hindu Succession Act 2005 that the property which was
Willed to the handicap heirs due to their disability conditions by
their parents ,can’t claimed by any one the family members without
further partitions and Will made on the handicapped person are still
valid at all times