Doctor certificate for mental fitness

Querist : Anonymous (Querist) 01 May 2024 This query is : Resolved
Bedridden person is too old to sign. Thumb impression obtained by holding hand. Difficulty in speech. Mental fitness certificate to be obtained. Can doctors holding DAM degree or BAM Degree issue mental fitness certificate? Is there any rule that minimum qualification to give such certificate is MBBS?

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T. Kalaiselvan, Advocate (Expert) 01 May 2024
affixing thumb impression in such Forms could be witnessed by a medical officer of any government hospital and his attestation would be valid.
Even a registered medical practitioner can attest the thumb impression of the incapacitated persons under some special circumstances

Querist : Anonymous (Querist) 04 May 2024
Can that medical practitioner be a DAM DEGREE HOLDER TO GIVE THE MENTAL FITNESS CERTIFICATE AND WITNESS THUMB IMPRESSION.

P. Venu (Expert) 04 May 2024
Any suggestion depends upon the purpose for which the fitness certificate is required.

Querist : Anonymous (Querist) 04 May 2024
We requested to submit Fitness certificate to make her son-in-law Associated Member in the Society as he wished to participate in re-development process. Initially, he wanted to transfer flat in his son's name (grand son ) which we rejected because there is no gift deed. The member cannot speak or no movements on the bed. She is bedridden and needs support. As per her son in law, she suffers dementia occassionally. Society does not want any legal problems hence this clarification.

T. Kalaiselvan, Advocate (Expert) 09 May 2024
Son in law is not a legal heir.
You can instruct the son in law to advise any legal heir to handle this situation instead of this third party.

P. Venu (Expert) 10 May 2024
In my understanding, becoming a member or additional member of the Society does not amount to transfer of rights, title and interest in the property?

What is the law under which the Society is registered? What are the provisions in the Society's bye-laws in the given context? Who are the legal heirs of the bed-ridden member? Has he made any nomination?

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