How can I challenge and cancel a fraudulent guardianship order legally?

The husband's sister deceitfully filed a guardianship petition, falsely claiming that the husband required psychiatric care. He was admitted to a hospital and a rehabilitation center for aftercare following leg surgery. Both the husband and wife were thrown out of their residence, with the door being locked. The sister continuously misled them, stating that he would be discharged within varying time frames (15, 30 days, etc.), but he has yet to be discharged. It was later discovered that he was being treated for psychological issues. How can the guardianship order be challenged and canceled by the High Court, and what other legal remedies are available?

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Advocate By LEAD INDIA Answered: 16 Jan 2025

Sir, to cancel the guardianship order you can approach the High Court, challenging it based on false claims made by the sister. You can request an interim order to regain access to the property and ask for the guardianship to be revoked. You can also file a complaint for cheating and ask for an independent medical check to verify your husband's condition. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
 

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