Property sharing

umesh HALKAR (Querist) 23 October 2020 This query is : Resolved
If one of the family member suffering from mental illness then property can share. Whether this point will stand.
How long it will stand.
Whether mental illness can quote in caveat.

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If a family property is to be divided after the parents' passing, a mentally ill sibling is still entitled to their share. A guardian, either family-appointed or court-appointed, will manage their interests. If an amicable family settlement isn't possible, a partition suit can be filed, and the court can appoint a guardian for the mentally ill brother. It's also possible to relinquish your share to the mentally ill brother through a trust, ensuring it's managed by a guardian and cannot be sold without court permission.

Isaac Gabriel (Expert) 23 October 2020
What is actual problem.? unless you reveal facts no advice is possible.

umesh HALKAR (Querist) 23 October 2020
One of my brother sent registered notice that he want construct new house. So whether we want property come and share or no reply than he will file .

Rajendra K Goyal (Expert) 23 October 2020
You have not been able to convey your problem properly, please redraft the same.

A person having mental illness can not be deprived from his share in the property.

Guardian / court appointed guardian will look after his interest.

umesh HALKAR (Querist) 23 October 2020
Sir
I have received registered notice from eldest brother that exists house is old and wants to construct new one and wants to property divide since the property is father name.
parents were expired so share the property.
One of the brother is mentally ill and residing in same house.
On behalf of him he asked his sharing also.
We are not sure his family will look after.
Totally we 4 brother and one sister. He is occupied and enjoying property last 25 years.

Whether property can continue as it is. Till how long
Or equally share to all 5
I have to reply or he will file .he sent notice to only 2 brothers
Regards

Rajendra K Goyal (Expert) 23 October 2020
If the property was in the name of father, after him it would be divided among all legal heirs.
If you presume that they would not look after the mentally ill brother, fact may be conveyed to court with a request to appoint guardian for him.
Share of mentally ill person can be sold with the permission of the court.

kavksatyanarayana (Expert) 23 October 2020
Yes. As your parents expired, the property of the parents will be divided equally among your 5 siblings. File a petition in the court concerned to appoint a guardian to your mentally ill brother.

Advocate Bhartesh goyal (Expert) 23 October 2020
You 4 brothers and your sister all are equally entitled to get share in the property left by your father.If partition suit is filed then any party to the suit can prey to court to appoint court guardian for mentally ill brother.

Dr J C Vashista (Expert) 24 October 2020
Seek partition of the property, if you are unable to agree for a family settlement.

Dr J C Vashista (Expert) 24 October 2020
It would be better to consult a local prudent lawyer for appreciation of facts /documents, professional advise and necessary proceeding.

umesh HALKAR (Querist) 26 October 2020
Thanks sirs
Is it possible to relinquish my piece of property to mentally ill brother with condition not to sold other than his guardian. Through court.
Regards

Rajendra K Goyal (Expert) 26 October 2020
You can proceed. Any property in the name of mentally ill person can be sold through court orders.

J K Agrawal (Expert) 26 October 2020
it is better to create trust of your share in favor of your mentally challenged brother. After that there is no way to sale out the property. Your intention and interest of your brother is safe. The trust must be created by registered deed and it does not attract much stamp duty like sale or gift and it serve your purpose properly.

Rajendra K Goyal (Expert) 27 October 2020
A good suggestion from expert J.K. Agarwal. May proceed .

umesh HALKAR (Querist) 09 July 2022
now the suit is in trail court. Is it to file petition for seek of guardian to mentally ill brother before pass the decree order or while execution.

Dr J C Vashista (Expert) 10 July 2022
You should request your lawyer to take the case for mediation and settle your shares amicably.

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