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kunal   30 August 2015

Property sale of comatose patient

Hello friends,

My father had an accident 5 months back which left him in a minimally concious state. The monthly expense for his treatment runs in lacs. So far I have exhausted all my savings and now I wish to sell off some property in his name.

The said property is in his name along with in the name of 2 more people(in equal partnership), who are also willing to sell it, but are what will they do about my father's signature.

Can someone guide me what can be done in this case, since my father can not sign, did not make a will or a power of attorney in anyone's name.

I need urgent help with this and the right guidance will be of great help.



Learning

 5 Replies

Sheetal (Law Student)     30 August 2015

Hi Kunal , As per law you need to have will or power of attorney otherwise you cannot sell the property on his behalf.

Kumar Doab (FIN)     30 August 2015

If the Father is bedridden, can not sign and is of unsound mind due to his medical sickness then you have to make application to the court for being appointed as guardian of your father. Thereafter court may grant permission to sell on acceptable grounds.

 

Consult a senior lawyer.

 

Krishna Murthy Pasupula (High Court Advocate )     30 August 2015

I am with Mr. Kumar Doab,  in appreciating his statement

kunal   30 August 2015

Thanks for the information Mr Kumar, can you also let me know if there can be any pit falls in such a case, things I need to watch out for while appointing a lawyer so that someone does not take me for a ride.

 

Can you also let me know what is the procedure for the same and how long it might take ?

 

Thanks in advance

Kumar Doab (FIN)     31 August 2015

You may visit SRO (Sub-Tehsildar) and inquire further and satisfy yourself.

 

An able local lawyer specializing in family/property/revenue/civil matters and well versed with local state/revenue rules can guide you further on all points that you may have including time etc..

 


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