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Deepa Nair   10 May 2016

Mental capacity to sign legal documents

I live overseas for past 6 years.My mother who lives in India had a stroke and memmory issues in 2012 and been admitted at NIMHANS .According to doctors there she had certain level of memmory loss and cannot improve the situation with treatment.I recenlty found out my elder brother who lives in India made my mother sign and registred a property (2 acres of land) belong to her in his name as she is not in sound mind and never disagree to sign any papers.

If a person who is not competent to sign a legal document and soemone tricked in to signing would that be challenged at court of law..?

Now my brother is trying to sell the property ..Is it possible for me to stop this..?

I do have the medical assesment papers from NIMHANS stating about her mental incompetency after the asssesment done in 2012 .Please advice...



Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     10 May 2016

Sir, 

 

You have a good case, seek injunction and challenge the document. I am doing the same for cancellation of gift deed. There are multpile judgements on this point, 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

 

 


(Guest)

Sure you can. where is the property situated?

Kumar Doab (FIN)     10 May 2016

Approach an able counsel and act ASAP.

Get the Sub Registrar also notified.

UDAY KANITKAR (proprietor)     30 May 2016

Thanks all experts here!

A similar case here - (but no legal heir wants to bypass another, expect that everything goes by the law).

https://www.lawyersclubindia.com/forum/Legal-heir-not-in-position-to-apply-for-succession-cert--137521.asp

Can someone help?

Thanks all !


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