Upgrad LLM

mother is bedridden how to write will


Hi All,

My mother is bedridden and she is not well cant even sign.Im planning to sell or take loan against the property and my mother is sole owner of the property.Is this possible to get the will knowing that my mother is not well? 

Im the only child of my parents and Im ready to give NOC to my father .is this possible to sell the property?

Thanks

 
Reply   
 
Lawyer/Fight for justice

 If you and your father are only legal heirs then why to worry....

Even You can sell out the property by registered sale deed, there is no neccesity to go in registrar office in this situation, there is provision that in such situation, concern registrar can come at your home ....please confirm it from registrar office...

So far as will deed is concern there is no necessity of registered will will can be written on plain paper... but in such situation, will is not valid documents,


Total likes : 1 times

 
Reply   
 


barrister

there is no problem in getting a will from your mother as it doesnt require any registration. Moreover as you say there is no rival claim. So get the property willed in a plain paper with thumb impression of your mother in front of two witnesses. 

Since you intend to sell the property, it is your father who has to give NOC to you...


Total likes : 1 times

 
Reply   
 

Thanks Mahesh and CyberLawyer.

Im NRI and now in india for my mother for few weeks.

1) Is NOC which i will give to my father have to be register as i dont stay here?

2)Do i need to register the Property will also?

3) How much time and money will it take to get the NOC and Property will to  register?

Thanks

 
Reply   
 
instructor

Your mother can make her valid will only in this condition if she is in her conscious , sound minded think and understand properly what she is doing , you can file an application in The sub registrar office stating serious ailment of your mother and not in condition to move ,with the requisite fee in the sub registrar office to get done registration in your place the registrar office will done the registration in your place after charging fee as per govt rule . if you will not registered the will then any of your rival can challenge the will and file his claim in your property .

Total likes : 1 times

 
Reply   
 
Advocate

In your circumstance, if your mother has an absolute title over the property that is intended to be transferred or disposed, the simple procedure is that let she execute a Will in your father's name with two witnesses attesting the testamentary document, and there can be a mention in the Will about further disposal of the property being bequeathed in the said Will ( if necessary) i.e., proposal and manner to further dispose the property by the beneficiary etc.  In this you neither have to give  a NOC to your father nor you have to rush up to India to sign the papers in the future for its disposal.  Simple things should not be made complicated to this extent.


Total likes : 1 times

 
Reply   
 

Thanks laxmikanth and kalaiselvan for the response.

My mother not in sound mind to write the will ,In that case what is the best option available?

As i said im the only child and hence their will be no one to claim  the property

 

 
Reply   
 
Advocate

If your mother is not in sound mental  condition, the Will cannot be considered as valid, under such situation, your father has  to apply before the court to be her guardian due to her mentally challenged status, upon which, if permitted to be appointed as a guardian to her, he may dispose of the property lying on her name in the manner proposed, by taking permission of the court of law or else have to wait til the moment your mother breathes her last upon which the property will automatically devolve upon her legal heirs, i.e., you and your father.

 
Reply   
 
instructor

I suggest you leave the matter don' t go round the court wait till the demise of your mother , after that on filing legal heirs of your mother the property devolves in between you and your father .
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x