gift deed or will from a person of unsound mind
maitrey singhvi
(Querist) 20 May 2011
This query is : Resolved
Dear Experts
My mother lives with her sister in her ancestral house which is her only source of income (rent) and her security. She and our family supports her sister and has done so for the last 20 years after their parents passed away without making a will, the house by default is in both my mother & her sister's name (as per the succession certificate). Her sister is divorced and is a patient of schizophrenia for more than 20-25 years now. she has a son out of her marriage, but the son has visited her just once and has not kept in touch or taken care of her. now we find that they are trying to sell half portion of the house.
we suspect that they have taken a gift deed from my massi (without our knowledge) to execute such a sale. the portion they are trying to sell is rented and is the only source of income for my mother. Moreover they have taken no responsibility or her medical or other requirements for the last 20 years but are now trying to get the sale proceeds illegaly. I understand that git deed can be void but what kind of medical records are required to prove that she is of unsound mind. can a private practitioner issue such a certificate or does it have to be a government doctor (as a mental patient it is not possible to take her to a hospital unless sedated) ....we need advice ...please help!!!!!!
PALNITKAR V.V.
(Expert) 20 May 2011
a psychiatrist may be private is a proper person to certify about the mental condition of your massi.
M/s. Y-not legal services
(Expert) 20 May 2011
Yes any one psychiartist can certify it.. If he is a govt doctor mean its will be some more better for prove that she is an unsound person.
M/s. Y-not legal services
(Expert) 20 May 2011
And as per your words your mother only enjoying the entire property. Which is include the half portion belongs to your maasi. For your kind information, in her life time they can't execute the gift deed unless otherwise prove that she was sound person while make that gift. And after her death the son is entititled to claim his mother's half share. You can't stop it..
Jitendar Kumar gupta
(Expert) 20 May 2011
go to some Govt. Hospital and check your masi there by the doctors and it will be sufficient to prove the insanity of your massi.
J.K.Gupta Adv. Delhi
9868529732
Advocate. Arunagiri
(Expert) 20 May 2011
Any agreement signed by a insane person, is invalid. The person who is giving a certificate need not be a Govt Doctor. But, the court will prefer a govt doctor's certificate.
Advocate. Arunagiri
(Expert) 20 May 2011
Any agreement signed by a insane person, is invalid. The person who is giving a certificate need not be a Govt Doctor. But, the court will prefer a govt doctor's certificate.
Guest
(Expert) 21 May 2011
You have not mentioned, who "THEY" are who are trying to sell the half property. Further, you have shown just a presumption by stating "we suspect." Unless you are sure how and on what ground you would restrain the so called "THEY"?
Still further, when your mother is residing with your Masi, how they have been able to get the gift deed signed and when they could get the gift deed registered without taking her to the office of the Sub-registrar and getting that signed before the Sub-registrar?
You just need to test check the facts.
