Transfer of property
Querist :
Anonymous
(Querist) 01 April 2021
This query is : Resolved
Hello Sir. My query is if the property is in the name of XYZ and the said person now is 80 years suffering from severe disease i.e. Dementia (Memory Loss) and bed ridden due to accident. He is unable to sign as he forgot everything. Now, how to transfer the property in his wife's name or his children name.
What is the procedure?
kavksatyanarayana
(Expert) 01 April 2021
as per me, For guardianship to the old person shall be obtained from a court of law. After satisfying the reasons stated and the Medical certificate issued by a Specialist Doctor for the decease with the attestation of the Superintendent of Headquarters Hospital, the court may appoint a guardian to look after the property and to sell or buy also. so consult a well-knowledged advocate.
Advocate Bhartesh goyal
(Expert) 02 April 2021
Why you want to transfer the property of xyz to his wife and children? When xyz person has lost his memory and unable to read write and sign in such a situation don't get transferred his property. Ultimately after demise of xyz his property rights will devolved to his wife and children.
Querist :
Anonymous
(Querist) 02 April 2021
Sir, if the property is going for redevelopment then what to do?
J K Agrawal
(Expert) 02 April 2021
Everyone want to get transfer property of old XYZ. Some want guarantee from them in hope of better business but some time it get success and mostly the property lost. Almost all the young people have a very good plan for property of old persons and always having a golden way manage the property. All the Old XYZ are in great confusion that if they trust their young son upon whom he is dependent or to contest him and spoil his ease in old age. Please leave alone these XYZ for just a few years. Then after you will automatically have entire property and you will be having enough time to manage the property better way.
P. Venu
(Expert) 02 April 2021
The owner of the property is not in a state of mind to convey the property. As such, the viable option is to allow the property to vest in the legal heirs by operation of law of inheritance.
Dr J C Vashista
(Expert) 02 April 2021
Let them pray and wait for long healthy life of XYZ.
ashok kumar singh
(Expert) 03 April 2021
how a nice query, however I am in also same views as expressed by earlier experts. therefore no further comments.
thanks
Querist :
Anonymous
(Querist) 03 April 2021
I have asked my query with the good intention. But it seems here that the young people are just after the property of XYZ. Sir, everywhere it's not the case. Here it's the genuine problem due to the above-mentioned I'll health of Mr. XYZ. The said property is going in redevelopment and for the redevelopment process the signature of the property owner is required for the acceptance of the terms and conditions of the Agreement by the new Developer. Hence, I raised this query. In this case, what is the solution? Also, for the Society meetings the property owner is required to attend the meeting as well as his signature. So, it's my request to legal experts to suggest solutions for the same. Thanks in advance.
P. Venu
(Expert) 03 April 2021
Admittedly, the person is not in a position to take rational and informed decision. In such a situation, the legal remedy is in approaching the competent court and getting a suitable person (wife/son/daughter) appointed as the guardian.
Querist :
Anonymous
(Querist) 03 April 2021
Thanks a lot to all experts.
Querist :
Anonymous
(Querist) 03 April 2021
Thanks a lot to all experts.
krishna mohan
(Expert) 08 April 2021
If it is only for operational reasons better maintain status quo and take of care of father. Any way property is going to be shared among legal heirs.
