Sale inherited property

Dear Mr Vikrant, You need to take a succession certificate from court in your name by mentioning in the court that both the other legal heirs of your father are insane and of unsound mind,as according to the law no person of unsound mind can own, inherit any property in his /her name. However, a guardian is to be appointed for that property who will only maintain that property for their welfare only. In this way after getting a succession certificate exclucive in your name you can get change the ownership in your name with the registrar properties.

 You are advised to get a help from a good and experienced Advocate of this field only otherwise other shares of the property will not come clearly in your name.

you can contact me any time for the purpose and need.

Thanks Mr. Anand for your reply.

Here are two points I would like to get clarified :

1. The mutation has names of all three siblings in it.

2. Can I be the guardian also for them as I would require Guardianship certificate for their pension proceddings as well.

I agree with Anand Bali Advocate.  I would like to add something. 

You have not mentioned that whether the property is movable or immovable. If the property is immovable, there is no need to get any court decree.  You can directly sell your share to third party.  For movable property i.e. Bank accounts, shares, debentures, LIC policies, as suggested by Anand Bali, you have to obtain succession Certificate from the competent court and by showing this cert. you can withdraw the amounts according to your shares.  The remaining shares will be kept in the Court untill some guardian comes and claims.  Upon some conditions, the court after knowing the guardian's credibility hands over the property to the insane persons. 

In the intestate property all the legal heirs have share.  If two of the legal heirs are mentally retarded, you should first of all file a mental health petition to declare the mentally retarded with the help of medical certificates, after that should apply for guardianship permission to become guardian of the mentally retarded heirs, after that you have to seek permission of the court to sell the shares of mentally retarded person as their guardian and for their interest.