Court of protection

Aj Mann (Querist) 01 August 2016 This query is : Resolved
My grandfather has some agricultural land in Punjab. I am the sole-named person in his will. We all live in England. My grandfather is unwell and cannot give a power of attorney due to mental incapacity. I will be applying for a Court of Protection in England so that I can manage his affairs. If I get this notarised, can it be registered and used in India for selling his land?

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R.K Nanda (Expert) 01 August 2016
Contact England lawyer.

adv.bharat @ PUNE (Expert) 01 August 2016
No u need to take registered POA to give your right to any other person other than blood relative.

Aj Mann (Querist) 01 August 2016
RK NANDA: English lawyers do not know what is accepted in India. The land is in India.

BHARAT PUNE: Somebody who does not have mental capacity cannot give a POA.

Please can you clarify your answers?

Guest (Expert) 01 August 2016
Mr. Mann,

You may better get in contact with the High Commission of India in London for proper guidance. Whatever document or documents are advised to you, ultimately you will also have to get verified and approved by the High Commission to be made valid for recognition by the Indian legal system.

Kumar Doab (Expert) 02 August 2016
' My grandfather is unwell and cannot give a power of attorney due to mental incapacity.'

It is believed that it is due to age related and/or medical disorder and is not mental retardation.

The Mental Health Act, 1987; can be pursued for managing the estate of person being treated for mental disorder.

A relative can apply to the district court and court shall hold inquiry for mental condition and for the appointment of someone as Manager to manage estate of mentally ill person. The manager can sell with permission of court.

As advised by experts you may contact local lawyer and embassy and proceed further as advised and as per applicable rules.

Rajendra K Goyal (Expert) 02 August 2016
Agree with expert Kumar Doab.

Guest (Expert) 11 August 2016
Tomorrow there will be voting in Lok Sabha regarding new Mental Health Care Bill 2016. Rajya Sabha has passed it. Bill was introduced in Rajya Sabha by previous Govt.

Mental Health Care Act 2016 will repeal Mental Health Act 1987.

Tomorrow is last day of Monsoon session of Parliament if it is passed and notified in gazette then instead of old act I will think of new act .

Can you tell me exact Psychiatric diagnosis of the patient Eg. Alzheimer /Schizophrenia .........

What stage he is in , Eg. If Alzheimer how much he remember whether he remember his name or not etc.

There is some provision in Civil Procedure Code regarding Foreign Judgement etc. that too required to be studied .

Guest (Expert) 11 August 2016
Myself is writing one article of comparison of old act and new act .

Contact me on this forum after 5-6 days till I don't see Gazette Copy of Act I can not make my views public.

I don't like to comment on drafts because they keep on changing .

Kumar Doab (Expert) 12 August 2016
'The Court of Protection in English law is a superior court of record created under the Mental Capacity Act 2005. It has jurisdiction over the property, financial affairs and personal welfare of people who it claims lack mental capacity to make decisions for themselves.'

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