umesh kaimal 17 February 2020

Power Of Attorney

Dear Sir,
I have 2 cousin sisters who are mentally unstable from a very young age. My 1st cousin's Husband is a alcoholic who is threatening us to sell the property under their name. My 2nd cousin sister have a child also.

They are mentally unstable and easy to be trapped. But their property's Power of Attorney is with my mother that is their mother's elder sister. Can her husband bypass that.

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12 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 17 February 2020

Dear querist,

Husband cannot sale property unless your sisters are ready. You can approach court for stay.

Regards,

Real Soul.... (LEGAL) 17 February 2020

Their mother can file for Guradianship of property if she is able to prove that they are mentally stablle.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 17 February 2020

1. Power of Attorney can be changed anytime (even every week).

2. Current POA holder should file Guardianship /Legal Representative petition in the local Civil Court, for custody of all properties of both the mentally challenged cousin sisters, citing their Husbands alcoholisim and future financial safety of the cousins. The Court would grant such orders, AFTER which the said properties can be sold ONLY by signatures of the Guardianship /Legal Representative of both the mentally challenged cousin sisters.

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

Om Kalse (owner) 17 February 2020

Is the power of attorney of a mentally unstable person is valid?

Respected Lawyers, please discuss in this issue. I read POA act, some lines says that if principle of POA become isane or out of mind, the POA becomes invalid. Is it true?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 17 February 2020

1. It is True that a mentally unstable /unsound person CANNOT execute a POA and neither can be contract, in any manner, whatsoever.

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

Om Kalse (owner) 17 February 2020

What about if the person becomes mentally unstable/unsound after execution of POA?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 17 February 2020

Originally posted by : Om Kalse
	What about if the person becomes mentally unstable/unsound after execution of POA?

1. POA of a person who subsequently becomes "mentally unstable /unsound" shall remain valid till his Civil Court appointed "Legal Representative or Guardian" revokes it, by following due procedures of law.

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

Om Kalse (owner) 17 February 2020

Thanks Sir, I my case my sister expired just after 2 days of sale deed exectued by POA. No further legal procedure.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 17 February 2020

1. IF you wish to revoke /rescind the Sale Deed, THEN a probable solution lies in creating a dispute, for arm-twisting and re-negotiation or whatever ....

Coordinate on phone, for the purposes.

Om Kalse (owner) 17 February 2020

Ok. Thanks very much

Dr J C Vashista (Advocate) 18 February 2020

Complicated issue is involved in your case as PoA executed by a person of unsound mind is non-est in law, as advised by experts, I agree.

It is advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding..

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bhagwat patil (Property due diligence 9422773303) 18 February 2020

A valid mental health POA must meet certain standards. It should be drawn up and signed when the principal is mentally healthy and lucid. He must meet the legal requirements of capacity and willfulness, possessing the mental ability to understand the document and to intentionally and consciously sign it for the purposes stated in the POA. The POA should explicitly state that your powers as an agent will not be activated until your loved one has been deemed incapacitated, typically by a licensed psychiatrist or psychologist. The POA will also contain a revocation clause, allowing your loved one to revoke the POA during a time when he is lucid, if he wishes to appoint a different agent or does not want a POA anymore.