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Share in my fathers property

(Querist) 16 November 2014 This query is : Resolved 
I am raj kumar, i have two elder brothers, my father does jaggery business from 1979.. in 1991 my first elder brother joined my fathers business, in 1996 my second elder brother joined my fathers business, bt my father run the business in his name and purchased 4 houses in his name.. There was no record or evidence for my brothers that they does business with my father, bt there is witness, its me and my mummy.. In 2006 my father closed his business, nw my father is very cruel, he just threw out of my two brothers family out of our house saying al the properties are in his name and thus its his self earned property.. My fathers age is 66, he injured a mild fracture in his cervical bone in 2009, since 2009 my father was mentally disturbed, deppressed due to spinal cord injury.. If v ask him to come to hospital, he just scold us in bad words, v doesnt knw hw to control him.. Nw he is saying that al the properties are in his name so he can give it to any one, already in 2002, he sold our ancestrol property(my grand fathers property) without our knowledge. My brothers r struggling to live, my father always scolding my mummy in bad words, daily minimum 200 times as prostitutes.. In 1979 my father is a poor man, my mummy gave his jewels to start the business, my brothers worked in it for nearly 15 years, my father sold our ancestrol property without our knowledge. So now a). Do v (my brothers and mummy) hav legal share in the properties which are in my father's name.
B). If my father try to transfer the houses to his relatives or if he try to sell it, do v (my brothers and mummy) hav legal right to stop it.
C). He is always scolding my mummy, my brothers, their wives in very very vulgar bad words, he needs psychatric treatment, for that what shud v do legally to cure my father from depression.
Isaac Gabriel (Expert) 16 November 2014
You are entitled for share in the ancestral property.With regard to the self earned property of your father,You can give public notice to prevent any alienation of the same without your knowledge citing his mental state.Better consult a lawyer.
Devajyoti Barman (Expert) 16 November 2014
1. You can apply for appointment of his guardian under mental health Act if he is so sick.
2. If he is declared mentally ill then only the court appointed guardian can control his property affairs.
3. otherwise he is free to deal with the same except his ancestral properties.


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