Four months ago my dad suffered severe brain stroke and since than he is minimally conciouse and completely bed ridden. He is in the condition that he can not speak ,can not move his limbs and functionally dependent for daily tasks. We need to sell our property for his further treatment but the problem is all the property that we have is under my dad's name but he is not that conciouse to read and sign on property papers, so under such case what are the options do I have to sell my dad's property ?
Is he capable of giving his consent? If yes, take a Power of Attorney from him to sell off his properties on his behalf.
But keep in mind, the above has to be done strictly with your father's consent and if he unable to understand the consequences of his acts, his consent will not be deemed to be valid.
You need to apply the court through a suit and explain the conditions. Court will issue appropriate directions through which the said property will be disposed
As the property is in your father's name and being bedridden, the registrar has to accept the request to register at private residence along with required witnesses. Approach, the SRO and submit a request to register the property at your home.
Dear Client,
Sale could have possible if ur father were at least in a position to sign some document than through Power of Attorney, it was possible.
Here is one way out, If your father is mentally or physically disabled or otherwise incapacitated, and unable to handle his affairs, you may apply to become his legal guardian, preferably Wife.
Apply to High Court to appoint wife/son as Legal Guardian for purpose of dealing with his immovable properties and bank accounts on his behalf to meet out the expanses of his treatment.
Read below Judgement of High Courts, dealing with same situation.
http://www.livelaw.in/bombay-hc-grants-wife-guardianship-husband-comatose-condition-read-order/
https://www.indiatoday.in/pti-feed/story/hc-allows-wife-to-deal-with-assets-of-husband-in-coma-to-meet-[deleted]
File a writ of mandumus in your mothers name for appointing her as legal guardian of your father along with writ attach all the medical documents.
seek direction for registrar and bank accounts so that she can handle all the financial affairs of your father.
1)you have to make application to court to be appointed as guardian by court
2) with court permission you can sell property
Dear Sir,
You have following options to sell the property of your father.
1. You can take General Power of Attorney of your father by summoning public notary to your house by paying his fees. But since 2011 GPA sales are banned by Supreme Court. If purchaser is ready you can execute sale deed on behalf of your father on the basis of above GPA.
2. Secondly if the purchaser is ready then you can prescribed Government fee and ask nearest Sub-Registrar to your house and get sale deed executed or take your father in a wheel chair to a Sub-Registrar office and get sale deed executed.
3. Take release deed/gift deed from your father and get transfer the property in your name, then leisurely you can sell the property. In urgency you should not accept cheques towards purchase amount which may bounce later.
Hello,
File a suit in the court so that a guardian is appointed by the court in order to dispose off the property, at this stage without the order of the court nothing can be done.
Contact a local lawyer.
Regards
A property of bedridden person can be sold why him only for this purpose an application should be given to the registrar for this purpose regarding the medical condition of the person willing to do the sale .
The registrar can make the arrangements of registration of sale deed at the location of the person after payment of cost of Registrar and its staff for the day to perform the duty.
1. IF the bed-ridden Father can understand sign and somehow commit his agreement to sell his immovable property, THEN the registrar of sub-assurances can be requisitioned and summoned to the residence, for a prescribed Fee, who would come at pre-appointed time and date and register his Sale-Deed.
Keep Smiling .... Hemant Agarwal
I advice you to approach civil court and let the matter be decided by them.
If the value of the property is above 1 Cr then approach Hon’ble High Court.
You have to take courts permission and mentioned all legal heirs name and narrate all your above problems and father's conditions. So court will grant you POA to sell the property.
First you have to declare him as mentally unfit by producing all relevant medical documents before the court in a petition for that and file a petition to appoint a guardian to him for the purpose of taking care of his property.
The so appointed court guardian shall apply for permission before court to sell his property for the substantial reasons he may rely upon.
