How to protect the property of a lunatic brother? He is twenty-two years old and not able to understand anything. My father has died and my mother is a homemaker. There is agricultural land in my village and a house in the city. All these properties were devolved upon my mother, brother and me. Now I am going to join the service so my mother and brother will live in the village. You know that some cunning persons in our village may attempt to take undue advantage of my brother's mental condition. However, he does not go out of the house but my mother cannot keep whole time watch on him. So I want to protect my property and also the interest of my brother.
Asked from: Uttar Pradesh
Your brother is of unsound mind; therefore, it is necessary to obtain a formal declaration from the competent court regarding his mental condition. You should initiate proceedings under the provisions of the Indian Lunacy Act, 1912.
As per Section 62 of the Indian Lunacy Act, 1912, the District Judge is empowered to conduct an inquisition upon receiving an application, in order to ascertain whether the person is of unsound mind and incapable of managing himself or his affairs. If the court is satisfied that the person is indeed of unsound mind, it may declare him a lunatic under law.
Following such a declaration, the court can proceed under Section 63 to appoint a guardian for the person and a manager for his property. As a real brother, you are legally eligible to file such an application and also to be appointed as guardian/manager. You should follow these steps to protect the property of your lunatic brother:
- Initiate proceedings before the District Judge under the Lunacy Act.
- Obtain a medical examination of your brother by a registered medical practitioner or psychiatrist. The medical report particularly concerning IQ level and mental capacity will significantly strengthen your case.
- After the court's declaration, seek amendment of land records (Khatauni) by inserting a remark that the tenure-holder (your brother) is of unsound mind. This serves as a protective measure to prevent any fraudulent alienation of agricultural land.
Once appointed as the guardian/manager, you will have the legal authority to manage both the personal and property-related matters of your brother, thereby safeguarding his interests.
It is essential to follow this legal procedure in order to protect your brother’s welfare and prevent potential misuse or alienation of his property. Once the declaration and appointment are secured, you will be able to act in his best interest, both legally and administratively.
Related: Joint Hindu Family
