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Fraudulent land transfer

(Querist) 25 November 2017 This query is : Resolved 
Please guide with below

The Plaintiff's father was paralyzed while his son(respondent) executed a settlement deed without the knowledge of the plaintiff. The Plaintiff now is praying for the deed to be decreed void. Please could you help me with case citations for this.

Also any additional guidance would be greatly appreciated.
SHIRISH PAWAR, 7738990900 (Expert) 25 November 2017
In my view father has right to transfer / sale the property if it is self acquired. If the property is ancestral one then plaintiff can challenge it before court.
JITHU NAIR (Querist) 25 November 2017
The father was incapable of making the transfer physical or give his consent
JITHU NAIR (Querist) 25 November 2017
The father was incapable of making the transfer physical or give his consent
Vijay Raj Mahajan (Expert) 26 November 2017
Property owned by the father can be transferred by only him even if he's paralysed and cannot move, still he can give power of attorney to someone on his behalf to conduct property transactions. In case the father was unable to give his consent verbally or by the actions, the order of the court should have been taken son to conduct on his behalf with regard to his property or even if there were more than one child of the father, all the children should have consented for appointing one particular of them to conduct on behalf of the father who was incapacitated to do it himself.
By not doing the same, the settlement deed can be challenged and declared null and void.


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