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Power of Attorney

(Querist) 22 July 2008 This query is : Resolved 
I would like to know how the law would be considering a case where a husband leaves the company to his wife and if she is declares as mentally unfit the power would go to the natural sucessor, say, the son. What decisions can the son take while he has the power in his hands. Can the mother fight it in court of law if she is back?
Adv. Sanjaykumar Sharma (Expert) 22 July 2008
As far as mentally unfitness of the wife, the son is required to obtain the nod from court of law acting as best friend or else husband is also entitled to have the declaration from court of this effect. After considering fact of the case Court would appoint best friend for mentally unfit person & he will be authorised to take the decision in the benefit of mentally unfit person.

The resonable act done by best friend during the course of mental unfitness of person is valid & couldnot be challanged before court of law unless contarary proved
Srinivas.B.S.S.T (Expert) 23 July 2008
clear explantion my friend. Ms/Mr prity what do you mean by can mother fight in the court if sheis back? do you want to say that she is cured and declared as mentally fit???
Prity (Querist) 23 July 2008
Yes. Firstly, when i said the father leaves the assets to his wife, i mean after he is dead, his wife gets everything, and secondly as you said clearly, she is back meaning she is cured and declared mentally fit
Guest (Expert) 23 July 2008
She can only fight if the decisions taken by the son are fraudlent. If they are taken in prudence and in business mind, then she cannot undo the things done in good faith.
Prity (Querist) 23 July 2008
I want to know like what kind of fraudlent decisions we can think about in this situation.
Srinivas.B.S.S.T (Expert) 24 July 2008
SO you are trying to move us towards fiction from reality. Ok give us some time to think about the loopeholes in law.


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