I need advise regarding Jointly owned property in Kolkata
Case details as follows:
1. Me(Age 63) & my Brother(Age 68) Joint owners of house (Official Municipality Records Available to confirm the same)
2. Brother Suffering from Type 2 Schizophrenia (Govt of India Disability Certificate available for Lifetime Medical Illness - 71- 99%) (Medically certified Schizophrenia patient from Govt RML Hospital Delhi(Records Available Dated Jul 2016)
2a Brother's social behavior Highly Eccentric
3. Brother Family : Wife (Died: 2014) & Son (Died: 2010) have died (No official records available)
3a Brother thinks his son is still alive
4. Brother not working since 1994 (No known sources of income)
5. Brother FULLY DEPENDENT upon me financially (I provide him a monthly stipend (records available) since 2014 to so that he does not starve himself to death)
6. Brother lives in the house in the Jointly owned house in Kolkata, I live in my own appartment in Delhi with my family
7. Brother Btech/Mtech/Phd from IIT Kgp says he can get a job anywhere he wants, so he does not want to sell the house as he says he is waiting for his nobel prize
8. Brother has no Identification document with him (Except Expired passport in 2001)
Now I want to sell the Jointly owned house in Kolkata, My Brother refuses to sell the house, I need assistance with the options that I have since I do not want to bear his medical or house maintenance costs and would like the proceeds of the sale of the house to fund his medical condition.
Please advise on options below or any other options that you advise.
1. Should I get a Power of Attorney signed by him for his portion of the property so that I can sell the property (He may reluctantly sign it)
2. Should I file for Guardianship & then file for sale of property under his portion with the court (If he does not sign the GPA) - Would this be a long and painful procedure in Kolkata ??
3. Any other options ??????????