About ancestral property

A.DEIVA NAYAKI (Querist) 15 January 2018 This query is : Resolved
Manyavar
We have two ancestral properties...one is a land ... another is a old house which is ruined...we are nine heirs...6 brothers 3 sisters..one of the brother is a mentally challenged person... nearly thirty years of treatment is going on for him.. his all treatment records sixth brother has...my husband is a second brother.. now all heirs agree to sale that properties...my suspects are
1.what records should we produce at the time of registration for mentally challenged person
2.if suppose the sixth brother failed to give proper documents for mentally challenged person what will happen
3.which records should we check out from the sixth brother for mentally challenged person before signing the registration

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A.DEIVA NAYAKI (Querist) 15 January 2018
Please let me know what we have to do

Kumar Doab (Expert) 15 January 2018
It is believed that all involved are Hindu.
Confirm!

Kumar Doab (Expert) 15 January 2018
Go thru the 30Y treatment record and you can ascertain if the said brother is Mentally retarded/challenged/incapacitated...............and clear diagnosis by the treating medical specialist ( Psychiatrist).....

The treating medical specialist ( Psychiatrist).....and even your family physician can explain the condition to you.

If the said brother is mentally not sound he may not be in a position to understand the disposal of property and sell.

Kumar Doab (Expert) 15 January 2018
Generically speaking; The sale of property by mentally infirm person may be illegal.

The Distt. Court may have to be approached and after judicial inquiry someone may be appointed to manage his property/share by the court.......with necessary directions...

The person appointed may be allowed to manage the estate of the mentally infirm person with permission of court.

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Ms.Usha Kapoor (Expert) 16 January 2018
1) His diagnostic reports by mental Health experts that he has been suffering from mental disability since birth with low IQ levels, Down's syndrome or Chromosomal abnormalities etc.
2)They will be criminally l,liable to account for the same. They or other siblings 8 in number should partition the property and giver the mentally retarded brother his due share THROUGH HIS COURT APPOINTED GUARDIAN OF HIS PERSON AND PROPERTY.
3)Same records as mentioned in no.1 accompanied by his court appointed guardian.

Guest (Expert) 16 January 2018
A great story of a hypothetical problem!. Of course, good time pass and number playing game for fake experts, who have already contributed!