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Mother is mentally retarded we got legal guardianship certificate
23-Aug-2023 (In Property Law)
My brother is mentally retarded and we got a legal guardianship certificate under national trust act 1999.For the sale of the property we need the order from collect orate.The agreement was made by my father and he expired on 2016 Dec-we got the legal heirship certificate.At the time of agreement my father received the half amount of the sale as advance.We made a deposit of his share( for the balance amount which we have to receive) and submitted the Fixed deposit slip to the LLC.The LLC is forcing us to make and show a fixed deposit of the advance amount received by my father as the law says there is no liability for my brother .We are selling this property because of our liability.We have no money to deposit against the advance amount received by my father.Please help us
For selling a property, in which a mentally unsound person is a joint holder, the total share of that person needs to be deposited, in his name . Here part amount is received and spent by the father for benefit of all. So the share of the mentally unsound person, out of the advance amount also should be mobilised from all and deposited in his name.
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Adv. Sasidharan Nair M N
Ernakulam | 25+ Answers
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As per your query , Your brothers share already deposited and deposited the slip in LLC. You can sell your share any time and LLC could not compel anything .So file a petition before collector and proceed the sale
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Adv. Ajay NS
Ernakulam | 200+ Answers
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