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Property partition without will and one sibling mentally retarded

(Querist) 27 July 2015 This query is : Resolved 
Hi

I have got very similar situation same as the above post

We are 2 brothers and 1 sister (married)

My father expired one year ago,,and he didnt left any will,we got one gouse in his name ,my brother is suffering from Chronic Schizophrenia for more than 15 yrs ,,he is now 33 (not married) and I am 35 (married) sister is 31 (married) ,Our mother is alive and she lives in the home.I am taking care of all family expenses since last 15 years.Now my brother is admitted in mental hospital and its very expensive to pay every months bill ,I have my own house and I want to take mother with me.The rehabilitation centre is asking 10 lakh one time payment for taking care of my brother for rest of his life.So I want to transfer the owner ship of house tto my name and my mother and sister agree for that .After transferring the ownership to my name I will pay the 10 lakh to the rehabilitation centre and 1/4 amount to my sister ..Already given dowry to my sister during her marriage.

Please advice me what are procedures and documents required to change the ownership of the house to my name as my younger brother is suffering from Chronic Schizophrenia he cannot be present for any signing or official purpose,,what documents I should produce

Please aadvice me need your help urgently
malipeddi jaggarao (Expert) 28 July 2015
What is the value of the property in question? There should be a family partition deed which has to be got registered. Your brother, though he is mentally retarded, he is entitled for his share. However, since the expenses are huge, other legal heirs can join for the family settlement and give their consent for the arrangement if the value of the property share of your mentally retarded brother is less Rs.10 lakhs. It is better to take advice of local advocate, who will draft the family settlement carefully. You should be very clear that in the guise of medical expenses, you should not try to grab the share of your mentally retarded brother. The Document - family settlement should also contain the proof of ailment and also demand of Rs.10 lakhs from the hospital.
Rajendra K Goyal (Expert) 28 July 2015
Your mother is natural guardian of your brother, she should seek court permission to transfer the share of your brother, who is unable to enter into a valid contract, to you to pay the charges of rehabilitation center. If the share of your brother is of more value court would direct how to deposit this extra money in Bank for his future needs.

If they so desire, your sister and your mother can transfer their share in your name through a registered gift / settlement deed.
P. Venu (Expert) 28 July 2015
The property belongs equally to all the four legal heirs. The partition may be carried out accordingly and the expenses for the invalid brother may be met from his estate with the due approval of the court appointed guardian.
Justin (Querist) 28 July 2015
Many Thanks Mr .Jaggarao,Mr.Goyal and Mr.Venu

As of now the Market value of house is approximately Max 50 lakh or less.
The hospital will give the proof of payment in stamp paper.
I dont want to sell the house,I want to keep it ,I will pay RS 10 Lakh for my brothers treatment.
Regarding the settlement for my sister they have agreed to receive 5 lakh (Already 5 lakh payed as dowry by me).
Mother have no objection as I am taking care of family expenses and I am also looking after her mother and her sister and Family also.
I want to transfer the ownership of house to myself so that my wife and kid dont have to regrett in future. With everyones mutal agrrement is it possible to make a new deed and change the ownership in my name? ,,but brother is in hospital,,so he cant come..

So please advice me what are the documents to be produced infront of registrar during registration
ADV-JEEVAN PATIL, MUMBAI (Expert) 28 July 2015
it is undeniable that 4 are equally entitled to the deceased father's property. It can only be shared by Partition. However,since you are of full blood relations and you all decides that your brother be better looked after in rehabilitaion cetre , you as family members, can honestly make arrangements without approaching court legitimately. Fortunately, if your brother on regaining normality happens to dispute about his property share, you keep his share in-tack even on transferring house in your name. This is my simple & sincere suggestion & not legal remedy. Hope you will appreciate.


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