• Son influenced husband in to transferring and sell of our shop

Hi , I am writing on behalf of my mother . we are 2 brothers and 1 sister . recently (about 1 year ) we learnt that my elder brother (who is married and lives separately with wife ) duped his in laws , close friends and few businnes associates to a tune of 7 crores . 
All of which is in black money no cheques or bill of exchange involved . my brother and father were in the same business doing business out of the premises which belonged to my father . 
my father has been suffering from diabetes blood pressure (since 20 years)and prostrate cancer (7 years) for which he was receiving homeopathic treatment which was handled by my father. 
since last 3 years my father became very aggressive , forgetful and lost the ability to say or do reasonable things . we could not confront him or ask him to get treated as he would get agitated and fell enbarrased . so without his realisation we (mom sister and me ) designed our lives around his routine. 
we(mom sis myself and dad)lives in a flat jointly owned by mom and dad. 6 months ago , my father on my brother s undue influence left mom and us and started to live with brother .
we suspect he s suffering from dementia or alzheimer but we have no medical proof of the same. 

now my brother has got the shop (landlord property) transfered to his wife s name and sold it without consulting mom or me or sister.

also he s has appointed lawyer who contacted our society (home where we live) to transfer dad s 50% share of home property in his own name through gift deed. 

he has cut all communication and is not willing to communicate and not even letting dad to talk to us . 

my father is very sick and is definitely suffering from demntia and my brother is making him do all this . 

how can we get dad medically checked and get his custody so that we can treat him .
Asked 7 years ago in Property Law
Religion: Muslim

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4 Answers

1. If he is not mentally fit then file an application in court under Mental Health Act to appoint your mother aws his legal guardian.

2.once that is done he can not transfer his proeprty anymore.

3.otherwise he being owner of any property can transfer it to anyone including your brother at any point of time and you can not stop him.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1. In these circumstances you should file a petition for guardianship and legal custody of your father with an interim application to get him medically examined.

2. The court can appoint you as the guardian and deliver the custody of your father if it is of the opinion that your father has been neglected by your brother.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) your mother has to file suit to set asaide gift deed on grounds that your father is not of sound mind

2)object to transfer of father 40 per cent share in flat in name of your brother in society records

3)your mother can file petition for being appointed as guardian of her husband as he is suffering from dementia

4) court can seek medical report of your father from doctors and on said basis appoint her as guardian

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

You have to somehow take your father for medical treatment and obtain a certificate of his mental health.

On the basis of the medical certificate on his un-stabilized mental health you may file a petition to appoint yourself as a guardian to your father.

After you becoming his guardian yo may initiate further steps accordingly.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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