you need to make application for being appointed as guardian of mentally retarded brother

2)you have to approach the District Collector, under Section 14 of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999, in Form A in terms of Rule 16(1) of The National for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Rules, 2000 for appointment of guardian of the person and property of your brother , alleged mentally retarded person.

you all 5 are entitled to get an equal share in property i.e. 1/5 each.Anyone of you can file partition suit in the court. If one of your brothers is mentally retarded, anyone of sister/brother may pursue the suit as his legal guardian.

Dear Client,

Only after court appoints you his legal guardian, than only you can use his share for his benefit only.

1. Please first obtain Letters of Administration from Bombay High Court

2. Your buyer and/or his lender bank (if the purchase is financed by a bank loan) will need above LA

3. Once LA is granted the administrator appointed in it will execute and register transfer documents in favour of legal heirs of deceased or directly in favour of the buyer with consent of the legal heirs

4. for the brother who is mentally challenged a guardianship petition will have to be filed in court and only on permission of the court being granted, can any property of this brother can be sold or deal with

5. mere medical certificate from doctor is not sufficient

Get appointed as guardian for your mentally unfit brother with permission of the court, and seek permission from the court for disposal of property and you can take a call as per court advice on handing of proceedings with regards to brother share.

hello,

You will have to file an application under the mental health act and obtain order from the court that you are taking care of him and hence you should get the said amount.

NOC from all other legal heirs will be required on the said document.

Regards

See if he is not mentally well then before such sale there should be permission of court and somebody should be appointed as legal guardian and he sign on his behalf then only such person can sell his share.

Further if the amount is received by you it is better to make family settlement and agreement for same that with consent of all you have received the sum to take care of your brother.

Yes, his share goes to you while making sale deed put a clause over there that his unable to make a contract and your taking care of that fellow and the share is taken by you on which it is proved by medical certificate n all...!

file an application before the court under the mental health act and obtain order from the court that you are taking care of him and

If permission of the court being granted then only you can get the said amount or deal with

NOC from all other legal heirs will be required on the said document.

This is my response to you:

1. You will be the guardian/Manager for your brother. You will need specific directions from the court on this;

2. So you can sell the property of your share as well his share;

3. You will need to obtain proper medical certificate to prove he is not in a mental state of mind to pen down signatures etc.;

4. You will need to sign an affidavit to the buyer as well submit an indemnity bond to the buyer;

5. You will have to mention this in the recitals of the agreement;

6. You will also take money on his behalf;

7. Consult a local lawyer before going ahead with the same.

If your brother is mentally retarded, then you may have first get a medical certificate to this effect, declare him insane through court by filing a mental health petition, after that you may file a petition to appoint you s his guardian under G & W act.

After that you can take care of his property including movable assets.