Sale of property -- in mothers name---brother mentally ill

Dear Ravikumar,

If the property is self acquired property of your mother, then there is no need for signatures of you, your father and your brothers.  In the absence of your mother, then all of you have to sign the documents.  In case of your brother who is a patient of mental illness, you are required to obtain a court order from the appropriate court to dispose of the property and the court will give you a direction in such way that the proceeds of your affected brother would not be detrimental to his interest in simple way the proceeds should be apportioned towards his interest and welfare.

Thanks for u r comments....I would like to be more clear on this......My fathers is 55 years old and my mother 48. My father brought the house 12 years back and it was registered in the name of my mother.....BOTH MY FATHER AND MY MOTHER ARE ALIVE.....The property is not inherited to my mother.........Now as per my understanding in this scenario as per your comments.....my mothers signature and her presence will be sufficient to sell the property.....and our presence is not required at the time of registration......Is my understanding correct ........??  Please reply

Dear Ravikumar,

Legally, your mother's signature is alone sufficient as the she holds the title.  However, at situations, the buyer may insist to sign all of you in the document for the reason of abundant caution.  Hence my advice is that you may obtain a Court order for your affected brother to tackle any sort of hurdles.

Regards.

Dear Ravi Kumar

I am agree with Mr. GopalaKrishanan,

would partly agree with Sri. Gopalakrishnan here. Since the property is in the mothers name and given the fact that she is alive and sane and considering that the funds for the property came from the father's earnings and not from any ancestral source, it should be perfectly valid a sale if the mother executes the sale deed with the father as a confirming party. Approaching a court at this point would be inviting unnecessary delay.

Mr Ravi you mother is sufffering from mentla illness. I such case any sale would become void. But you have remedy . You must file petition before District Court under Mental Helath Act to appoint you as guardin and obtain permission from court to sell the same 

K.V.S.S.PRABHAKAR RAO

ADVOCATE

RAJAHMUNDRY (A.P. )

MOBILE NO 9440152181

Mr.. Prabhakar Rao,

Kindly go through the query clearly, please

Mr.Ravi

You can go through the Gopalakrishnan advice.

Ravi,

Advocate Gopalakrishnan is right on his both versions.  Your mother is eligible to sell her property on her own signature without you, your father and your brother's witness signatures.  But, if the buyer insists for all of your family signatures on knowing the fact that one of your brother is mentally ill and in future, after recovery from mental illness, create any problem, then you have to get the clearance from the court before selling the property