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supu kar   06 October 2023

Legal rights of a schizophrenic person

My friend is highly educated with an engineering degree. She has done many jobs. In 2017 after being left by her husband she had gone to her paternal house where her mother and brother live. She asked for some share in the property. But instead of giving her the share her brother and mother forcefully sent her to a mental asylum. There she was kept for 30 days and reportedly diagnosed with schizophrenia. She had to continue the medication. She is perfectly normal now. She is living now with her brother and mother in her paternal house. But her mother is a bully. She wants to live in a separate flat independently. She wants to start an NGO. Also she wants her share in her paternal property. But her brother and mother constantly threatening her that they will send her again to the mental asylum if she does not listen to them and she can't live independently as she is mentally ill. My query is that is it true that my friend with schizophrenia does not have a free will, can't live independently and must need consent of a guardian for everything she wants to do.



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 6 Replies

Real Soul.... (LEGAL)     06 October 2023

If she is mentally fit she can live seperately and she must hire a lawyer to file suit for partition and she needs to give statement in court that she is being harassed by her mother and brother for property . Sh can ask court to appoint any other guardin whom she trusts

supu kar   06 October 2023

Sir, also my query is that is it manadatory that she must need a guardian if she is mentally fit? Can't she be independent? And how to decide if she is mentally fit or not? Is there any test for mental fitness?

T. Kalaiselvan, Advocate (Advocate)     07 October 2023

Schizoprenia is not a very serious illness that she has to be under constant care under a guardian..

If she is normal and able to take care of her own activities, she do not have to depend on her morther or brother for anything.

She can live separately in a different place out of their home.

She can file a suit for partition claiming her legitimate share in the property if she has a right over it. 

Dr. J C Vashista (Advocate )     07 October 2023

No, she is not required to be kept under care and custody of a guardian.

supu kar   07 October 2023

Sir, also my query is that she has been sent to a mental asylum thrice in 5 years. Every time her brother calls 2 or 3 of his friends and they manhandle my friend, drag her to a car and send her to an asylum against her consent. My query is can my friend do anything to stop this as she does not want to go to asylum and wants to do medication at home?

Dr. J C Vashista (Advocate )     08 October 2023

In such circumstances you or your friend should call police for providing necessary help for creating problems and mandhandling, as stated by you. 

She should prefer to stay away from her brother, mother and other such persons. 

and / or

Move to area Magistrate under various provisions of Protection of Women from Domestic Violence Act, 2005 seeking services of State or District Legal Service Authority, if you / she cannot hire a private lawyer.

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