Question:
My mother is mentally ill, and the flat she owns is in her name. My father has two sons from a previous marriage, and we are two sisters with no brothers. Now, my stepbrother and father want to sell my mother’s flat without our knowledge, and since my mother is mentally ill, she will not be able to consent or sign. Can we transfer the flat to our names to protect it from being sold, and if they sell it, what legal action can we take?
Answer:
To protect your mother’s property and prevent it from being sold without her consent, follow these steps:
- Medical Certificate for Mental Illness:
- Obtain a medical certificate or psychiatric evaluation from a certified doctor to confirm your mother’s mental incapacity. This document will be important to demonstrate that she is not in a position to make decisions, including signing legal documents like a sale agreement.
- Apply for Guardianship or Legal Representation:
- If your mother is unable to manage her own affairs, you or your sibling can apply to the court for guardianship. This will allow you to act on her behalf in legal matters, including property-related decisions.
- The court will appoint a guardian (usually a family member) to oversee her affairs and protect her interests.
- Legal Protection from Sale:
- If your mother is mentally incapacitated, any sale of her property by someone else (e.g., your father or stepbrother) without legal guardianship or proper authorization would be invalid.
- You should consult with a lawyer immediately to prevent any unauthorized sale. The lawyer can assist in issuing a legal notice or filing a temporary injunction to stop the sale of the property while the guardianship process is being completed.
- Transfer of Property:
- If you wish to transfer the property into your or your sister’s name to protect it, the process would involve obtaining legal guardianship over your mother and having her property legally transferred to your name.
- You may need to go through the formal process of property transfer, including court approval if necessary.
- Action if Property is Sold Illegally:
- If your father or stepbrother proceeds with the sale without proper authority and you are not legally represented as a guardian, you have the option to take legal action.
- File a case in the court for fraud, misuse of power, or illegal transfer of property. You can also apply for an injunction to prevent the sale, and you might be able to challenge the sale in court if it is proven that your mother was not mentally capable of giving consent.
Key Steps and Actions:
- Obtain proof of your mother’s mental illness.
- Apply for guardianship through the court.
- Prevent the sale through legal intervention.
- File a legal case if the sale occurs without proper consent.