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rizvi abid   10 June 2020

Legal Heir of Mothers Property

We are 3 Brothers and 3 sister, Our Mother own a part of her father's house By a WASIYAT make by her Mother because She only has 5 daughters and no sons. The Property belongs to her father which is given in DAIN MEHAR by My Grand Father. Presently, my Mother is Suffering with dementia and on bed with unconsciousness from last 5 years. She recognised no one, all my siblings deny to serve her except me and I am forced to leave my job and take care of her full day. she is living with me. I have my own family and I use to work from home but make insufficient money to run my household and pay rent of the house. My elder brother died with cancer 3 years back and have one daughter. I own no house in the city in which I live so I decided to sell the mothers property and make a house in the city I live. but my siblings denied. I didn't make enough money to pay rent and run household similarly. some of them are denying to sell it and some want their part of money but the property is not that much costly , if I distribute the money, I can't buy anything like a house.
my question is , while my mother is still alive (67 years old) , who is the one who decide and own the rights of her property if she is totally unconscious . I can't run court to court because of her health. I need a proper advise so I can manage my solution. please advise me.


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 3 Replies

Virtual Legal Assistant (.)     10 June 2020

Greetings,

A person of unsound mind will be someone who is incapable of knowing the nature of the act, that person cannot dispose of his/her property. You can apply to be the guardian of your mother which the Court may grant & as being the guardian of your mother, you can sell her property on acceptable grounds with the permission of the Court.

You may refer to the following link

https://www.lawyersclubindia.com/articles/muslim-wills-2801.asp

https://www.lawyersclubindia.com/articles/-8220-succession-under-hanafi-law-8221--424.asp

https://www.lawyersclubindia.com/experts/files/61400_184055_article_on_wills.pdf

Hope this helps.

Regards,

Rohan Gupta

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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 June 2020

If she under uncontious mood, you cannot take any decision of her property. 

1 Like

P. Venu (Advocate)     10 June 2020

You cannot be the sole owner of the mother's property unless she conveys the same to you. But that is not possible because of her present vegetative state.

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