Property partition with mother suffering from dementia


Hello,my father have entered into JDA with a builder with the land my grandfather bought.My father is the sole owner of the land.At present the construction is underway for the flats in our land.It is mentioned in JDA that if something happens to my father then all  flats we will be receiving from builder will have joint ownership of me(son),my only sister and my mother.My father is having a plan to execute Gift deed in favour of me and my sister with equal share in between us once he gets possession of flats and nothing will be in my mother's name.

But at present my mother is suffering from Advanced Stage of Dementia and can't sign any document any more.We have kept her in a care home.

At this scenario is there any solution so that if something wrong happens to my father then me and my sister will get right of the property with equal(50:50) ratio and we wont have to drag our mother in this?

The construction is still going on so my father has not yet received the possession.

Can my mother (with dementia) sign(may be with finger print) a relinquishment deed in favour of me and my sister and will it be acceptable in the eye of law?If she can .... can she sign now I mean before the construction of flats are complete?

The doctor has already issued a certificate saying that she can't sign due to Dementia and there is a photo of her attached to the certificate along with doctors sign and seal.

I just want to bring out my mother from this property related issues as it is very difficult to carry her every time we sale or sign deed to the register's office. Please advice.

 

 

 

 
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Advocate

Sir, Despite the JDA your father can execute the gift deed ... Note: the property should be in your father name as his exclusive property I.e. self acquired property .... Warm Regards Kapil Chandna Advocate 9899011450,9911218741
 
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This is not self acquired property of my father as the land was bought by my grandfather.But at present he is the sole owner.

Do you mean that my father can execute Gift deed in favour of me and my sister before completion of the flat construction by builder? Please clarify.

 

 
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