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logesh waran   04 June 2021

Suggestion to appoint care taker leagally for me & property

Sir, i am 40 yrs old. I am a spinal cord injure complete paraplegic, cant able to walk & stand. I am spending my life in bed for the past 16 yrs.

Since 2005 my father & mother cared me.

My father owns 2 houses (both are his self earned property), among them he wrote a will for one house, according to the will, the house belongs to me after his demise & i can sell it if i want.

Now my father is no more. My brother doesnt like to give me that house (which was written to me by my fathers will) bcos i am unmarried & my bro has 3 kids.

He torned the will (original document) also. My mom is 72 yrs old, she s not interested in filing police complaint.

My brother wants to acquire my house and asking me to sleep in roof. But i doesnt like to live like that.

1) sir how can i get a duplicate copy of the will (as its registered in sub registrar office in my native)?

2) how can i appoint a caretaker for me legally?

3) there s a spell mistake in my aadhar card, but i have my voter id card, bank pass book & my school college certificates, but i cant go out of my house, if i want to go out, it needs minimum 2 persons to carry out. Also a stainless steel plate fixed in my spine, so travelling out is not possible!
4) so can i correct my spell mistakes in my aadharcard manually thru post, by submitting legal docents sir?
5) i am from madurai, tamilnadu- can i get assistance from any lawyers residing in madurai sir.

Doesnt know whom to believe & whom not to believe. I am a mba graduate, have mental guts to struggle, but physically no support sir..

Please give ur suggestions sir.



Learning

 5 Replies

Dr J C Vashista (Advocate)     04 June 2021

Consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding. 

G.L.N. Prasad (Retired employee.)     04 June 2021

1. .How can i get a duplicate copy of the will (as its registered in sub registrar office in my native)?

1.Every registered document is a public record, and by stating the death and providing a copy of death certificate, you can get certified copy of the will without any doubt.

2) how can i appoint a caretaker for me legally?

You can get the draft of a Power of attorney in the name of caretaker through an advocate delegating certain specific powers you wish to delegate him as caretaker.  This can also be made as an agreement if you wanted to appoint him for remuneration.  

3) there s a spell mistake in my aadhar card, but i have my voter id card, bank pass book & my school college certificates, but i cant go out of my house, if i want to go out, it needs minimum 2 persons to carry out. Also a stainless steel plate fixed in my spine, so travelling out is not possible!

There are private agencies and permanent AADHAR centers and send someone for attending to the work to know the procedure.   As your biometric is essential together with original such copies, in your own interest engage someone to take you to such centers as it is most essential.  Mere spelling mistakes may not matter as there are several such mistakes in translating the documents from vernacular and this may not be urgent as verification is always through biometric.

!) so can i correct my spell mistakes in my aadharcard manually thru the post, by submitting legal docents sir?

This may not be possible as verification is done through 'Iris" and biometric analysis of fingerprints.  You have to take the trouble once if you think that alteration is essential and important.

 

5) i am from madurai, tamilnadu- can i get assistance from any lawyers residing in madurai sir.

First, identify a person that can work as your caretaker and entrust all these works to him initially.  There are many advocates and District Legal Services Authority that can help you due to your disabilities..  

You have not informed the role of caretaker.  If it is on food/shelter always prefer an old age home by a voluntary agency, as they have each and every facility to attend to your basic needs including health issues.

T. Kalaiselvan, Advocate (Advocate)     04 June 2021

1. You can get a certified copy of the registration document of the Will held in the registrar office.

2. You can file a petition through someone before court to appoint a court guardian to take care of you on the terms that the court may impose.

3. You may have to take the help of a trustworthy person outside your house since your brother is not cooperative.

You can get the spelling error in the aadhar card recified.

4.  You may have to look for any willing lawyer hailing from Madurai to assist you in all the legal aspects.

Have faith in God, he will take care of you at the time of crisis by sending someone to help you at the time of need. 

 

logesh waran   05 June 2021

Thanks for ur reply sir

Aadil (Student)     07 June 2024

Dear Logesh,

Thank you for your query! I am Aadil and I will try to answer your question.

 

The short answer to your question is YES. You may get a certified copy of the will from the Registrar.

 

A will, according to section 2(h) of the Indian Succession Act, 1925, is defined as the legal declaration of the intention of the testator with regard to his property which he desires to be carried into effect after his death. According to section 59 of the same Act, any person may create a will irrespective of their disabilities like being deaf, dumb, blind, or ordinarily insane, provided at the time of creation of the will you are of sound mind and aware of the consequences of your actions.

It is not mandatory in India to register a will, but they can be registered at the office of the sub-registrar. As per section 57(2) of the Indian Registration Act, 1908, the registering officers in the office of the sub-registrar must hand over certified copies of the entries in Book no. 3, which pertains to wills, to the persons or agents of such persons who are executing such documents or wills. Therefore, the registering officer is legally bound to provide you with a certified copy of the will.

For a legal care-taker, you may appoint a power of attorney, which according to the Power of Attorney Act, 1882, refers to any instrument that empowers a specific person to act on behalf of the principal or the person executing it. You may therefore give specific powers to this person to help you with legal matters.

 

I hope this helps. Thank you for your time and patience!

 

Regards,

Aadil


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