Will
shekhar jha
(Querist) 07 October 2012
This query is : Resolved
Sir
My brother bought a house in Bhagalpur from Mr X who resides in Delhi. The house is of Bihar state housing board and has very stringent transfer laws.
There was no formal agreement signed between my father and Mr X and the deal was done through a mediator.
Later on we came to know that Mr X was suffering from brain haemorrhage and was totally incapacitated. Unable to talk, walk, sign etc. He has 3 daughters. There is no denial from Mr X's family on selling of house and no demand of money.
My question is 1) Can Mr X make a will in my brother's name in this state of health?
2)If yes, then can the Will be registered in Delhi although the property is in Bhagalpur?
3) If yes, then can the SDM court go to his house for registration?
4) What formalities does his heirs have to perform so that it is not challangeble further?
I will be obliged if i get proper guidance.
shekhar jha
ajay sethi
(Expert) 07 October 2012
no he cannot make a will if he is not mentally sound . obatin a doctor certificate as to his mental condition . if he is mentally fit then X can make a will . in the will mention about laon taken from your brother etc and as such he is bequeathing property to your brother as unable to repay loan .reasons have to be given why daughters are not being given
the property . have the will regsitered .
contact a local lawyer . get the will drafted by him to avoid legal complications .
Sri Vijayan.A
(Expert) 07 October 2012
Get a sale deed executed by the heirs of X.
In the deed, mention about the oral agreement and about the mental and health condition of X. Hence, the heirs becomes the executants.
This may work and the deed has to be registered
Guest
(Expert) 08 October 2012
The will can be made by him only when he is of sound mind.It has to be excuted in the presence of atleast two witnesses.It can be registered at the place ,where it was executed.It is fully at his discretion to whom he should give his properties after his death.However , in the instant case , he cannot make the will,if he is not of sound mind.
