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Raman (n/a)     19 December 2017

Can a son take control/possession of father's property

My father has been running a business(proprietorship) since 20 years in his self accquired property. Due to a tiff with him in the business, i parted ways and am working individually for a firm without any support from my father. Recently, my father has become mentally upset and is not in a position to acknowledge his own acts with anyone which is causing a lot of problems in the business.

Now, i want to take control of the business and property becuase my whole family (mother and younger brother) is dependent on the income. For which my father is against it and is verbally threating to write off the property to charity. I do not have any legal authority in the business or the property. How can i establish my legal control over the business/property?


 2 Replies

Kumar Doab (FIN)     19 December 2017

If the father is not sane then the Psychiatrist/authorized Medical Specialist can certify and put him under treatment.

This may provide some relief from acts of person of unsound mind.

If he is of sound mind then there is NO reason that his business/estate be taken over by anyone else.

A.Radha Sampath (Advocate)     19 December 2017

If your father is in a position to contradict you in taking over his business, though it is for the benefit of your family members, he is considered as still sane. If his decisions are causing trouble for running the business, the other members in your family may convince him to seek your help or help him get treated for his illness.

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