Mentally unstable father
Pushkar
(Querist) 07 November 2011
This query is : Resolved
Hi,
I am part of a big family with many brothers and sisters. My father wrote a will few years back in my favour only. He continues to live with me however, is now not mentally normal.
Now my brothers are thinking of filing for partition of property that exists in my grandfather's name. How will this work out legally. Can the will work before a person is actually dead? What is the status of my grandfather's property.In this case, as my father is mentally unfit to make any decisions on his property at present however, his will (carried out when he was mentally sound) shows his intent that he wanted me to have the entire share as I am the one who has been taking care of him for many years. He gave whatever he had to to the other siblings earlier and did not want to give them anything more. Can you please help out?? Can I go to court on his behalf. I have his GPA from many years back.
Pushkar
(Querist) 07 November 2011
Sorry just a typo. The property is in my fathers name and not grandfather. Sorry about that. Please read "Grandfather" as "father" in the above post.
Guest
(Expert) 07 November 2011
Mental sickness of father should not be taken advantage of to make his property a bone of contention. Better arrange proper treatment of father's mental sickness to make him decide properly rather than jumping in to unnecessary costly litigation.
Mind it, any will cannot be made to work during the life of the maker of the will. In the case of death of your father, being living with you, the instance can cast allegation on you to have made him die under mysterious circumstances and you would be totally on the receiving end before your brothers and sisters, as the will is also in your favour.
So, think seriously what is advantageiously for you, the proper treatment and mental soundness of your father, or to face unnecessary and time taking court trials by your own siblings.
Pushkar
(Querist) 07 November 2011
I understand your point. Treatment of my father is going on but the doctor says he cannot get back to mental stability due to something in his brain.He is on medication at the moment.
Also I do not want any litigation. My brothers are thinking of going in that direction. So I was wondering what I may have to do in such a situation. Also to add the fact that the will is regstd.
Guest
(Expert) 07 November 2011
Dear Pushkar,
Even if your brothers want to drag you in litigation, you should not be afraid of that, as they cannot ask for their share in property during the life time of your father.
Just keep patience and see what initiative they take and decide only on the basis of that.
prabhakar singh
(Expert) 07 November 2011
While I confirm the practical advise advanced to you if your father is mentally ill,you should get him treated and get his guardian appointed.
Pushkar
(Querist) 07 November 2011
He is currently being treated. However, I am not sure how to get a guardian appointed. Is it done through court or some authority?? OR By guardian you just meant someone who takes care of him. Because he is with me and I am taking care of him with the help of a domestic help.
