Mother is mental patient last 30 years
Dear sir we are two son and one daughter who is married and father is dead and without leaving will and recently mother is living with me and sister is insisting to sale the whole property and asking the share and i do not want to share as she and another brother they want share but not mother to look after now equal share is agreed so what about my mother share and her well being and her care? as she is mad mentally fit and what is possible solution
Asked in Property Law from New Delhi, Delhi
since there is no will the property will be shared by mother,brother ,sister and you
Advocate, New Delhi
your mother has 1/4th share in property . in case property is sold your mother share cannot be taken by your siblings . if your mother is mentally unfit you can act as her guardian to protect her interest after court orders .
After the death of your father you, your mother and your siblings succeeded in equal proportion to the property of your father as he died without making a will. Your mother cannot be deprived of her share on sale. Your sister may move to court to cull out her share by seeking partition of property. If your mother is mentally unfit then you may seek her guardianship from court.