Medical /metal unfit to sign

shyam lal (Querist) 21 January 2024 This query is : Resolved
One of the adult married sibling mentioned in the unregistered family settlement has memory loss and right side physically paralised due to brain injury.but alive
.Query .how does one.get for the purpose mutation of shares of undiveded immovable property as per the mothers WILL which has to recorded in the municipal records.
The problem is the sibling concerned can not write nor put his thump impression under these medical condition how does the family get the mutation done./

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This discussion addresses the challenge of transferring property shares according to a mother's will when a beneficiary is physically paralysed and has memory loss, making them unable to sign documents. The consensus is that a legally appointed guardian, potentially via court permission or the District Collector, is required to act on the incapacitated sibling's behalf for the mutation process.

kavksatyanarayana (Expert) 21 January 2024
I opine this requires court permission to appoint a guardian to the paralysed person and then whoever got the permission can do it on his behalf.

T. Kalaiselvan, Advocate (Expert) 21 January 2024
Unregistered family settlement deed is no doubt valid in the eyes of law.
However if the said beneficiary is unable to sign the papers due to his physical disability then a guardian appointed by the District Collector can act on his behalf.

shyam lal (Querist) 21 January 2024
Expert Kaliaselvan can the wife sign on behave of the husband who is sufferring from memory loss due brain tumor and partial body paralysis instead goin to the Collector.

T. Kalaiselvan, Advocate (Expert) 21 January 2024
I am afraid not.
Only a legally appointed guardian would be able to do all the transactions on behalf of the mentally challenged persons.

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