Saneep 09 October 2019

Property rights of a mentally retarded person

My uncle and aunt expired within a span of 3 months. They have left behind two sons. One son is absolutely fine and runs his own business ages 38 years. Other son is 36 and mentally retarded. The elder brother after the death of her mother got a will from his father that he will inherit all of their properties. Now, its just 18 days today that his father expired, his wife wants to get rid of her mentally retarded BIL. The elder brother loves his younger brother, but is being pressurised by his wife. In real words, he is “ joru ka gulaam.” Both of the parents have left the movable, immovable property worth 80 lakhs. So, my question is whether the younger brother, who is mentally retarded, has any property rights? If yes, how it should be claimed?

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6 Replies

Real Soul.... (LEGAL) 09 October 2019

well if the property is owned property of father then he has done injustice by executing will in favour of his one son and leaving the other who need more care for littering;but then will is there the property will go as per will

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Shashi Dhara 09 October 2019

See will clearly whether any condition is inserted or not.if any condition is inserted approach court as next friend to mentally retarded son.if not then file suit for partition and maintenance and prove will is fraud to cancel it.

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Saneep 10 October 2019

Thanks for the query.

But, the thing is that the property belongs to both parents. Both were retired from govt service, and property was in their names. The mother died without leaving any will. The father died after 2.5 months of mother's death. During those 2.5 months, the elder son got a will in his name just from father, though the property is in both parents' name.

Real Soul.... (LEGAL) 10 October 2019

The mother's share shall be divided equally among bothe the brothers; File for partition suit and fight for the Retard person,but the thing is you need to get a gurdain appointed for him so that the he and his property could be legally managed.

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