Harsha Vardhana R (Project Manager) 16 October 2014

Sale of property - issue of a mentally ill shareholder

Dear Experts,

We have a property in our mother's name (she expired 3 years before). It was transferred to her name after the death of our father who built that property.

We are 3 shareholders. 2 sons (both unmarried) and a daughter (married). Eldest son (aged 57) is mentally ill (Paranoid Schizophrenia) and has been medically certified by a Government District Surgeon (The certificate puts the intensity of the disorder at 80%). We have records for around 12 years of official medical treatment. Since 3 years, he is placed in a rehabilitation center.

Except the mentally affected person, the other 2 shareholders are looking at the prospects of a sale of the property too. But mentally affected person severally objects to it as it intends to live alone there instead of a rehabilitation center. But all doctors have ruled out his complete living alone marking it as dangerous.

When I consulted a lawyer, he explained that we need a Civil Court permission for a sale under our conditions. That can be long too as the Judge can question the mentally affected person. He is quite intelligent although his behavior is socially unacceptable. Also none have taken the official LEGAL GUARDIANSHIP of the person after knowing that it too is a long legal process and a certificate issued senior doctor may be questioned in person.

So please advise.

Regards,

Harsha Vardhana R

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5 Replies

Satyadarshi Kunal (advocate) 19 October 2014

Your lawyer is right. court will appoint an advocate for your brother and then interfere into the matter to monitor the partition.

Regards

1 Like

T. Kalaiselvan, Advocate (Advocate) 19 October 2014

After appointment of a guardian to the mentally affected person by the court, you can go for disposal of the property without which it will be illegal. If the process takes long time, there is no other way than to abide by the law than to land in trouble following illegal way. Do everything legally and properly so that you can sail smoothly for ever.

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Harsha Vardhana R (Project Manager) 19 October 2014

Thank you, experts for your advises!

We would manage the home as well as the person in a legal way. But none is ready to take official legal guardianship as the person is extremely stubborn and wants to dictate terms.

We are ready to transfer the property of all 3 share-holders as joint ownership. The consulted advocate clarified that health status won't affect that process.

Adv k . mahesh (advocate) 20 October 2014

may be it is a lengthy process through court but you have to apply and if you want to sell the property through court only it is valid

and if court appoints a guardian at that time also you cannot sell the property again you have to go through court to sell the property

first take a Ist class medical Doctor Gazetted officer certificate and apply in the civil court with supporting documents

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Harsha Vardhana R (Project Manager) 20 October 2014

Sale is not our immediate intention.

Getting the family pension after my mother expired is the main motive. When I contacted the Accountant General office, the officials explained the requirements but finally put a condition that the pension account (with a bank) can't be in the name of affected person but in his guardian's name. They stated that the certificate can be issued by the Tehsildar of our permanent address jurisdiction. Even the pension section of the state secretariat clarified that under Hindu family laws. After I got the medical certificate by a competent medical panel, I tried with the Tehsildar. The revenue department officials are declining and advising to approach the Civil Court.

Getting the guardianship for a family pension from a Court itself is long. Selling is another big challenge.

Let us manage informally both the person and the property as a duty!