Property Dispute of an apartment
7 months ago
The property is an apartment which currently has three owners, my father, my father's brother and a sister. My father's sister is mentally disabled and is currently at an old age home. She does not has any identification certificate or card. Now my father's brother is pressurizing us to sell off the property without mentioning the sister as an owner and share the money within themselves. My father is against that. Now he is saying that he would convert the flat into a garage (which is not in the plan) if we do not agree to sell off the flat. What shall we do now?
A.Dear client,
If the person is of unsound mind, he is not capable of transferring any property by a deed of gift, etc. and a transfer by him would be considered void ab initio.
To sum up, any sale of property which belongs to a person who has mental illness is per se illegal. The mentally infirm person is unable to understand it and is incapable of forming a rational judgement about how it would affect his interest.
If the person is of unsound mind, he is not capable of transferring any property by a deed of gift, etc. and a transfer by him would be considered void ab initio.
To sum up, any sale of property which belongs to a person who has mental illness is per se illegal. The mentally infirm person is unable to understand it and is incapable of forming a rational judgement about how it would affect his interest.
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A.Dear Client
As long the third owner is in existence the property can be sold without her. But yes since she is mentally not in a condition to perform that hence other owners will have to take court order to do so in her absence.
As long the third owner is in existence the property can be sold without her. But yes since she is mentally not in a condition to perform that hence other owners will have to take court order to do so in her absence.
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