Madras High Court appoints wife guardian of comatose husband, permits property sales while requiring ₹6 crore be set aside for his care

The first petitioner is the wife and the second petitioner the son of C.R. Jeyabal, who was stated to be in a comatose condition following post-surgical complications and unable to make or communicate decisions for himself.

In an earlier proceeding, the first petitioner had been appointed guardian for the limited purpose of dealing with specified properties.

The petitioners sought authority to sell identified properties, repay outstanding loans and invest the balance for Jeyabal’s welfare and care.

They submitted that a property worth approximately Rs.20 crores was proposed to be sold and that the family had debts of approximately Rs.7.5 crores; without a sale, the properties risked auction.

Whether, under Article 226, the first petitioner could be appointed guardian of Jeyabal’s person and properties, with authority to administer and deal with those properties

Whether the Court should authorize use of sale proceeds to discharge taxes and debts and meet family expenses, while requiring a protected investment for Jeyabal’s medical and personal welfare

The Court relied on Article 226 of the Constitution and the Division Bench decision in S. Sasikala v. State of Tamil Nadu, 2024 SCC OnLine Mad 1376.

It stated that the High Court may appoint guardians under Article 226 without requiring recourse to the procedure under the National Trust Act, 1999, and noted that the Court had also appointed guardians for persons in comatose conditions.

The order further applied the principle that a guardian’s management of a person’s property must serve that person’s welfare, including provision for medical and personal needs.

The Court accepted the medical material and submissions that Jeyabal was comatose and unable to manage his affairs, and noted that the earlier guardianship order was limited to specified property.

Given the stated debts and risk of the properties being auctioned, it considered broader authority for the first petitioner necessary to manage Jeyabal’s affairs and deal with his properties.

To safeguard his ongoing care, the Court conditioned the use of sale proceeds on investing at least Rs.6 crores in an interest-bearing deposit, with the income reserved exclusively for his medical, personal and welfare needs.

She may use sale proceeds to pay taxes and debts and meet appropriate family expenses, but must invest a minimum of Rs.6 crores in an interest-bearing deposit for Jeyabal’s care; she must also file accounts every six months before the District Legal Services Authority, Coimbatore.

No costs were awarded.