Location: Hyderabad Situation: My father died in 2020 and made my brother nominee for his bank accounts. However, my brother is schizophrenic patient and spiralled out of control leading to court case, admitted to mental institution, and finally under a private care provider for which I pay 10k every month. I am looking for a legal option to support my brother through my father's money without me paying while avoiding father's money idle in bank. There is also a flat which is under my father's name. My mother had passed away 23 year ago. No immediate responsible relatives in the scenario. To complicate the situation, My brother has destroyed most of the legal and identity documents in one of his psychotic episode. (Right now, I have family certificate, my father's death certificate, and ID of my brother). Any direction or suggestion would be of great help.
On father demise you and your brother are legal heirs
2) I presume your mother predeceased your father
3) nominee is trustee for legal heirs
4) apply to society for transfer of flat in name of legal heirs . Enclose father death certificate , family certificate , indemnity bond in favour of society
5) if society insists you will have to apply for and obtain letters of administration in name of legal heirs
6) apply to court to being appointed as guardian for your brother
You can apply to the court to appoint a guardian for your brother. The guardian will be responsible for managing your brother's affairs, including his finances. You can be appointed as the guardian, or the court may appoint someone else who is more suitable. Or, you can set up a trust for your brother. A trust is a legal arrangement that allows you to manage and control assets for the benefit of another person. You can set up a trust so that the money from your father's bank accounts and flat is used to support your brother's care.
You can get yourself appointed guardian of brother through court in respect of his person and property of brother. However, person suffering from schizophrenia is not insane.
The Mental Healthcare Act, 2017 came into force on 29th May, 2018 and extends throughout the territory of India. The purpose of this Act is to provide mental healthcare and services to mentally ill persons and to protect, promote and fulfil the rights of such persons during delivery of such mental healthcare and services and in relation to matters that arise in connected with them.
in order for a person to be considered to have mentally illness, he/she should:
Section 14 of the Mental Healthcare Act, 2017 talks about appointment and revocation of nominated representative. It states that every person who is not a minor has a right to appoint a nominated representative by way of making a nomination in writing on plain paper with the person's signature or thumb impression of the person referred to.
It is also stated that in cases where no nominated representative is appointed by a person, the following persons may be chosen as a nominated representative of a person with mental illness, namely:
In the given situation, you can always avail your entitled rights in the property and for taking care of your sibling's rights, you may have to follow the procedure as mentioned above.
Son is direct benificiary of Father's property. No one can deny it. You just have to substantiate it that you are his child.
Contact for further discussion.
You can apply to the Court to appoint a Guardian for your brother, but merely being a schizophrenic patient may not be enough, you have to prove that your brother is suffering from benchmark disability
Else, you both are entitled to half share each.
You need to approx the court in the said scenario if there are no documents. You can also file partition suit for the same in civil court for demarcating your share
Dear Client,
Here are a few legal options that you can consider:
You can apply for a guardianship order from the court. A guardianship order will give you the legal authority to manage your brother's affairs, including his finances. This will allow you to use your father's money to support your brother's care.
You can file a suit for a declaration of your brother's incapacity. A declaration of incapacity will declare your brother legally incompetent to manage his own affairs. This will allow you to be appointed as your brother's guardian.
You can sell the flat and use the money to support your brother's care. However, you will need to get the court's permission to sell the flat if your brother is the nominee.
- As per banking rule , the bank is under obligation to refund the amount of deceased account holder to the nominee
- Since, your brother is unable to approach the bank, then you can submit an affidavit with medical certificate on his behalf with the death certificate of father and family certificate to the bank to release the amount to the legal heirs.
- If bank is creating problem, then you can file a petition for succession certificate before the court .
- Further, these documents can be submitted to the society for transferring the property in the name of legal heirs
First directly go to bank and ask to allow you to operate the account. Cite your brother mental position. If refused than apply succession certificate.
