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Vinod (Sr Manager)     11 June 2015

Transfer of property from own brother mentlally ill

Dear Lawyers

My Brother is mentally sick since 23 years and after demise of my Mother as He become the sole Owner of agriculural Land so we fear some one may take disadvatage of his Metal Ill Status. As he is unde Psychiatrist treatment since 23 years.

 

Please advise as How and what i should do so that no one can take undue advantage.

 

Thanks and Best Regards

M 9975520820

vinod.pdhyy@gmail.com

 



Learning

 4 Replies

saravanan s (legal advisor)     12 June 2015

how he became the sole owner of your mothers property.did she write a will or anything on your brothers name alone

Anand Bali Adv. (Advocate Solicitor & Consultant)     12 June 2015

Mr Vinod, I am Not able to understand how your own brother has become sole owner of the property of your mother....pl. clerify.

In cases where the property go to the people of unsound mind their guardians are given the custodion authority of that property which they only can utilised for their (person of unsound mind or incapable to maintain's) welfare and In fact a person of unsound mind can not become the owner of the property in India. next to his legal heir is always keeper of the property.

Vinod (Sr Manager)     12 June 2015

Dear Lawyers My Brother and myself have become natural heir and owner after demise of my father in year 1993.As that time The act was not in the force by which my Mother was suppose to be the real Owner after my Fathers death. At that time My brother was Minor and his age was 15 years only. My age was 21 Years.As my name and my Bothers name is available as the sole owner for the agricultural land Property. I hope i answered the question asked by you.

Advocate Ravinder (Advocate/Attorney)     13 June 2015

I am not able to follow your first part of the query.  But I can give answer to second part. 

 

If there is a threat of some land grabbers occupying the property, you have to go to the court and take permission of the court to safeguard the property.  Once you are appointed as guardian on behalf of mentally ill person, you can file suits, petitions, applications before all the courts, government and semi government officials. You can take injunctions etc. 


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