LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shruti   20 April 2024

Father acting like a fool

My 70yo father is acting like a fool and is signing documents without first reading them. He has signed several such court response documents in ancestral property lawsuit against my uncle where my uncle has a backdoor deal with my father's lawyer. I tell my father to not sign without reading and point out the weakness in response documents and then he says "I signed in trust. He fooled me." But then he goes and does it again, which means my father is actually fooling me. Is there any way, I can take over caring for my father's money and his ancestral property and lawsuits by declaring him mentally incompetent? If we don't protect my father's property then my uncle is filing lawsuits, one after another, and just taking away all the property. We already lost one case, second case is ongoing and my uncle is already planning a third case. Can I declare my father mentally incompetent? He seems to have Borderline Personality Disorder.


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     20 April 2024

What is the proof do you have to prove that your father is suffering from mental ailment?

Without having any evidence you cannot even file a petition to declare your father is suffering from mental instability.

In that case you cannot even be able to file a petition seeking to appoint guardian to him.

First look at the ways to tackle this.

Instead you can obtain a GPA from your father and you start taking care of the cases out of your own prudence.

Sudhir Kumar, Advocate (Advocate)     20 April 2024

unless your father is a psychiatric patient affected to the extent of not understanding, you cannot take any action.  He will keep signing.


You have been well advised of taking GPA.  Given facts indicate that he is least likely to give you GPA. The father who trusts other generally do not rust their children.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register