• Sale of inherited property in case of mental illness

Sir, my father passed away in 2014 without leaving a will. His legal heirs are my mother, my brother and myself. My brother, aged 47, suffers from schizophrenia and has a government issued mental health certificate/ passbook that certifies the disability as greater than 40%.
Now we are thinking of selling the land (and house) property inherited from father. It is situated in Madipakkam, Chennai. My brother, even when he is not suffering from an episode of schizophrenia, refuses to sign any document. How should we proceed to sell the property?
Our intention is to ensure that my brother's share of the sale amount shall be placed in an account in his name, to be used exclusively for his needs and requirements. One related problem is that my brother does not currently have a bank account and will not cooperate to sign the documents required to open an account. Does such an account need to be ready even before the property is sold? How do we create one? Please advise us on this aspect also.
 Thank you.
Asked 14 days ago in Property Law from Coimbatore, Tamil Nadu
Religion: Hindu
1. The undivided joint property can be sold by the co-sharer his own sahre. There is no legal impediment in it.
2.So both you and your mother can sell your respective shares leaving your brother's share intact.
3.Another option is to declare your brother mentally unfit and then get your mother declared his guardian and then sell his share as well with the permission of court.
4. So if you adopt the third option advised above all the problems resolves.
Devajyoti Barman
Advocate, Kolkata
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On father demise you have one third share in property 

2) under section 44 of transfer of property act coowner can sell his share without consent of other co owners 

3) you will have to apply to court for your appointment as guardian under the provisions of the Mental Health Act, 1987.

4) you can then sell the property with courts consent 
Ajay Sethi
Advocate, Mumbai
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1229 Consultations
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1. Since your brother is not consenting to the sale of land you and your mother can file a suit for partition in the civil court to cull out your separate share in the property which can then be sold by you. The court will order division regardless of the refusal of your brother.

2. You cannot create a bank account for and on behalf of your brother unless he gives you the power of attorney to do so.
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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