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How to sell property in mother name if she is suffering from dementia


19-Jul-2023 (In Property Law)
My mother is mentally unfit now.she forgets things , she is suffering from disease called"dementia".we have 3 floor house on her name and my brother lives in that with family and he do not allow anyone to enter in that big house .my father went to senior citizen tribunal and they rejected our plea as the property named to my mother and she said in front of tribunal she doesn't want her son to go out because she forgets everything what happened to her last day.she does not know how my brother is behaving with father and herself.he is useing my mother illness.and there were some loan on that property on my brother name because my father was not eligible to get loan but my father cleared all dues slowly in 2 years and he still shows these document as proofs regarding payment of that property as he has purchased that land. he was earning only 38000.and living in rented house at the time of purchasing .so my father decided to make house out of investment .pls tell options
Answers (2)

Answer #1
932 votes
Collect the documentary evidences of her mental unfitness then approach the CIVIL COURT of competent jurisdiction with a legal application regarding information of her mental unfitness alongwith request seeking permission to sell the property for her treatment. But the order of tribunal is strange unless couples are legally separated your father may reside in that house. If need more suggestions please provide the papers and more informations.
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Answer #2
757 votes
There are legal remedies available under law. But these needs to be examined clearly. The facts you have narrated above is not sufficient to explore the available legal remedies. Every comma and full stop matters in legal battle. You must explain each and every fact in detail. Then only some legal remedy may be explored. Yatish Kumar Goel Advocate
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