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Harsha Vardhana R (Project Manager)     08 July 2014

Any deadline for change of ownership?

Dear Experts,

 

Is there any deadline for change of ownership after the death of the original owner? Our property is a home (built in a government sold site) in Karnataka. I heard that it needs to be done within 2 years

 

We are 3 stake-holders. One of the stakeholder is a mentally ill person (male) and unmarried. I believe he is an equal stake-holder.

 

Please clarify.

 

Regards,

Harsha Vardhana R



Learning

 3 Replies

M.Sheik Mohammed Ali (advocate)     08 July 2014

yes, you should change ownership, As soon As possible, within 3 years should transfer.

1 Like

T. Kalaiselvan, Advocate (Advocate)     09 July 2014

@Harsha Vardhana: You have been wrongly informed that you need to transfer the name within two years from the date of death of the title older. If you are one of his legal heirs, you have full rights for a legitimate share in the property and you can get your name transferred to that particular portion of share in that property anytime after the partition is effected. there is no prescribed time limit for effecting partition among the share holders/co-sharers.  as far as the share of the mentally ill person, in the absence of natural guardian namely father, any of his close relatives can apply for  legal guardian to the mentally challenged person, before that person has to be declared as mentally challenged person before the court by filing a mental health petition as envisaged in the law by observing the necessary formalities in that respect.  These legal procedures will be taken care of by your advocate whom you may consult and engage for the purpose. The court may on a petition before it under guardian and wards act may appoint the applicant or someone else too as a guardian to the mentally challenged person to take care of the share of his property as per law.

1 Like

Harsha Vardhana R (Project Manager)     09 July 2014

Dear Kalaiselvan, Thank you very much for the detailed clarification.

 

Regarding the guardianship, is it necessary that the mentally ill person (my elder brother) has to agree for the person, who has come forward to be the "legal guardian"?

 

I, as the younger brother who is bearing all the costs of his treatment and rehabilitation, am ready. But my mentally ill brother may object to that because I want to place him in a rehabilitation center. He thinks that it snatches away his freedom to smoke and to live as per his earlier addictions etc!!!. My sister is in a far off place and not ready for any responsibility of such a person. No other person is ready as he is already 57 years old and very stubborn.

 

My brother has been suffering from this disorder for more than 25 years and after a thorough analysis, he has been certified for that disorder and declared as 80% disabled to live a life to support himself, by a District Surgeon (a government hospital) based on the recommendation of the official government psychiatric experts.

 

Regards,

Harsha Vardhana R


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