Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Clifford   07 May 2016

Transfer of property

Hi

Need Advice and whats to be done, My Father in Law has a tenanted property (Pagdi System) about to be redeveloped, No my father in Law had a brain hemorrhage about 3 years ago, now he is not in medical condition of signing any documents (like POA, Gift deed) he even does not respond to basic questions and has lost almost all of his memory. now the MHADA athorities has asked us to get POA as he is not able to sign any documents.

Need to know about how does one handle property belonging to parents who are in such conditions

what are my options.?

Will a notorised POA help?

what happens when he is no more, can i get a notorized will, as his three children are in agreement with who get the flat/room 

feeling helpless right now

Clifford

I was aware of obtaing Legal heir cert from sro, but that will take some time, the MHADA Authorities has asked to submit POA in 4 days,

Will a medical certificate not enable the legal heirs to act on his behalf.?



Learning

 5 Replies

Kumar Doab (FIN)     07 May 2016

Obtain legal heir certificate.

Meet Sub Registrar and he may depute the commissioner for registration.

Engage an able counsel.

adv.bharat @ PUNE (Lawyer)     07 May 2016

1) Notarise POA is help full and have legal validity.

2)Get ur legal heir certificate form SRO of ur area.

3) To do notary agreement both party must be present befor Notary officer.

THanks

adv.bharat @ PUNE (Lawyer)     07 May 2016

1) Notarise POA is help full and have legal validity.

2)Get ur legal heir certificate form SRO of ur area.

3) To do notary agreement both party must be present befor Notary officer.

THanks


(Guest)

Total illegal approach by MAHADA authorities or officer you have met.  

This matter should be dealt by different law

1) Since person is not capable to take any proper decission , communicate, or lack memory under circumstances he is not fit mentally . He is not aware what he is doing and what he is not doing . He does not know what is proper and what is not proper. He is totally handicap by brain. 

2) Under this circumstances his all movable and immovable properties (whether self owned ot tenanted or anything like SRA) have to be dealt first under provision  of Mental Health Act 1987

3) You need to take steps under Mental Health Act 1987 Chapter VI

4) Take permission of Court and show to court whatever decission are taken are in interest of patient first

5) Then things will be legal . This thing can not be done in 4 days . If they pressure you (MAHADA) then you have to take injunction from Court . and only court can determine legally what is in interest of patient who is not fit mentally (or brain is not functioning to take proper decission due to brain hemorage or anything) , Neither you nor Mahada can do any thing 

6) All remaining things will be illegal. Better go legally else there can be legal caos in future. There are many further legal steps , signning proper deed then registering it . Who will do such things legally ? If you go illegally once every thing and every step you have to do illegal and this can even jepodize legal interest of Mentally sick person close relative

7) Please note Mnetally Sick person , this words are not proper to be used but at this stage in law as per 1987 act this is only word available to indicate person who is not fit psychological or from brain point of view to take correct decission in his interest . I have regards for such senior citizen patient but could not get proper legal words in frame work of law

 

Kumar Doab (FIN)     07 May 2016

A specialist doctor preferably Govt/Medical college can certifiy whether is not mentally fit or he can't sign.

Both are different.

If he can't sign then the treatment of your matter is different and it might be possible to get POA.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register