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Anoosha (na)     30 September 2020

What needs to be done in case of a bedridden patient

Mr. Sethuram is bed ridden for the past 10 years and now he is immovable condition for the past few months. He got properties from his grandfather which is unregistered under his name till now. But the legal owner of the land is Sethuram's aunt and she is ready to transfer the property into his name and his children name. As Sethuram is bedridden the property registration needs to be done on the name of his both sons for which no one had objection. So what needs to be done in order to get the property registration under his sons name. Should the sons submit any document that Mr. Sethuram is bedridden and cant register the property? Or as it is not under his name, it can be transferred directly as gift deed to his sons? Some one suggested to go for a property will but it is not under his name and is it possible for the registration under the property will? Please help to solve the issue. Thank you



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 5 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     30 September 2020

1. Sethuram does not hold property in his name, hence he is legally not entitled to Gift /Transfer /WILL any such property which is not in his name.

2. Property is in name of  "Sethuram's aunt", who can execute a registered Gift Deed of property standing in her name, directly to Sons of Sethuram, without any legal reference of NOC or permission from ANYBODY.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     01 October 2020

The property is not in the name of Shri Sethuraman and therefore his presence or any reference to him is necessary at the time of transfer of property from the actual owner in whose name the properties are at this time. If your Aunt is having all the relevant papers regarding the title to the property, she can very well execute a Gift Deed or a Will in favour of whomsoever she wants and get the same registered.

Dr J C Vashista (Advocate)     02 October 2020

Very well analysed and advised by experts, I concur and appreciate.

Prefer gift deed executed by the titleholder in favour of sons.

By-pass the patient.

P. Venu (Advocate)     03 October 2020

Is this a real-time  issue or a subject for the moot court? Even in the latter case, facts are unintelligent and disjointed.

Anoosha (na)     12 October 2020

This is a real ongoing issue. Thank you all for the replies. 


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