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.
Harsha Vardhana R