Question: There are two brothers and two sisters. The younger brother is mentally unbalanced and, in the absence of parents, the property of the younger brother will be taken care of by the two sisters. If there is any property of the younger brother, the two sisters will inherit it. How can the deed/heba/clearance be done at a low cost, as the guardian is being asked for 10/20 thousand, which is too expensive? This is necessary to prevent the elder brother from harming the younger brother for the property.
Answer: In Bangladesh, property management for a mentally unbalanced person is a sensitive issue that requires careful legal consideration. Here’s how you can proceed with the transfer of property at a reasonable cost:
- Guardianship Appointment:
- Since the younger brother is mentally unbalanced, it’s important to establish legal guardianship. The court can appoint the sisters as the legal guardians of the younger brother’s property. This would ensure that the property is protected and managed by the sisters in the best interest of the younger brother.
- A guardian’s appointment typically involves a small fee and legal process, but it is necessary for safeguarding the property and preventing misuse or harm from other family members.
- Heba (Gift):
- The property transfer through Heba (gift) can be done between the sisters and the younger brother. Heba is a legal transfer of property during a person’s lifetime, and it is commonly used in Islamic law for property distribution. In this case, if the younger brother’s property is transferred to the sisters through Heba, the transfer will be effective immediately.
- You should visit a Kazi office to document the Heba. The cost is usually reasonable and will avoid future complications.
- Low-Cost Options:
- To keep the cost low, avoid using high-end lawyers or notaries who may charge significant fees. Instead, you can approach a local Kazi office to have a Heba deed or a guardianship document prepared. The Kazi office usually has a standard fee, and you may not need to pay the 10/20 thousand that is being asked.
- The process involves drafting a simple deed and registering it. You can also check with the local Union Parishad (local government office) as they may provide assistance at a lower cost.
- Documentation and Protection:
- Ensure that the property is registered properly in the name of the guardians, and keep a copy of the guardianship or Heba deed with the local authorities for future protection. This ensures that there is no dispute over the property ownership, and the elder brother cannot harm the younger brother for the property.