Court of protection or poa

Kalyani (Querist) 29 April 2021 This query is : Resolved
My mother has some self acquired properties in India. Unfortunately she had a stroke ,which has left her paralysed both physically and mentally.
She will never be able to travel to India again. I am her only daughter and I do not have a power of attorney registered in India. She is not in state to issue a power of attorney. I need to dispose of the properties in India quickly or I will lose them.
How can I act on my mother's behalf in India to take control of the properties.?

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If your mother is unable to manage her properties in India due to a stroke and you don't have a registered Power of Attorney there, you'll likely need to seek permission from a competent court. You may need to file a petition to have her declared mentally ill or to appoint a court guardian to manage her assets. Consulting with a local Indian attorney is highly recommended to navigate the specific legal procedures and requirements for dealing with her property.

PARDEEP KUMAR (Expert) 29 April 2021
You would be required to take permission from a competent court to deal with property of your mother as she is though unfit but is alive.

Pradipta Nath (Expert) 29 April 2021
Yes apply before the court and take the permission accordingly.

Sankaranarayanan (Expert) 29 April 2021
What is the need of emergency for sale the property? How you loose the property ? How many legalheris belongs to your mother?

Advocate Bhartesh goyal (Expert) 29 April 2021
GenerallY court does not grant permission to children to dispose off the properties belongs to their parents in their lifetime unless specific circumstances are not disclosed or satisfied to cout also you have not mentioned whether your father is alive or not and what is necessity and why you want to dispose off the properties quickly and urgently apart from this whether the questioned properties has been already bequeathed or not are some doubts which you have to clear.

ashok kumar singh (Expert) 29 April 2021
agreed with views of earlier experts,
therefore no further comment, so far.
thanks

Asgher Mahdi (Expert) 29 April 2021
At the out-set you need to get health certificate or conditions of her being in such conditions from there itself. Then, try to check up whether she had during her sound health has already issued such powers of attorney to some one as you are not with her. Also, check up, whether she has bequeath it or any interest is created. For all such activities, I suggest you better consult an attorney from where she stays followed by other procedure that can be look after if the property exists in India.

Hemant Agarwal (Expert) 29 April 2021
AGREE with above experts advice.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

kavksatyanarayana (Expert) 29 April 2021
I agree with the advice of the learned expert Mr.Bhartesh Goyal sir.

krishna mohan (Expert) 03 May 2021
For managing the Property in India you can appoint your agent if the same is not under self occupation. If under self occupation no need to rush as legal heirs can acquire rights as per succession right. On urgency you want to dispose consult the able lawyer of your area for right advise so that every thing is done as per law.

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T. Kalaiselvan, Advocate (Expert) 20 May 2021
You have stated that your mother is paralysed both physically and mentally.
It means she is of unsound mental state or health.
If the property is on her name then you cannot dispose her property on your own even if you prove and obtain a certificate from a medical examiner in this regard.
You may have to file a petition before court to declare as mentally ill under mental health act, 1987.
Sec-59 of MH Act, provides, inter-alia, that the District Court may, on an application made by the Manager, grant him permission to transfer by sale, gift etc, any immovable property of the mentally ill person, subject to such conditions or restrictions as that court may think fit to impose
Alternately you can file a petition before court competent to appoint court guardian to take care of her properties till her lifetime as per provisions of law.
You may have to follow the procedures laid down for this , if you are not aware of the procedures you can take the help of a lawyer in the place where the property situate.

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