An application under the mental health act must be filed before the district magistrate and he shall certify that the person is incapable and after that you can be appointed guardian of her property.
Regards
Power of attorney
My sister has a residential land in Bangalore in the joint name with her husband. She is a resident in Chennai. Her husband suffers from Dementia Alzeimer disease with a total loss of memory and is under medical facility home. She wants to sell the plot of land owned at bangalore and can she do it with a medical certificate about her husband's physical and mental condition. Can she obtain power of attorney for selling the plot or is it just enough to have her husband's medical certificate. Whether this is legally valid and whether the property sub registrar at Bangalore will accept this. Kindly advise
Asked 5 years ago in Property Law
Religion: Hindu
19 Answers
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Asked 5 years ago
If she is mentally incapacitated you cannot make a power of attorney as it would be invalid.
Regards
Do one thing obtain POA at Chennai itself duly registered(in the name of the wife by the husband as a consent) and then proceed.
Hi,
You are suggested to have a valid medical certificate from the treating doctor and also power of attorney to the effect that your sister is authorised to sell the plot. The both will be fully acceptable by the registrar office of Bangalore.
since husband is not mentally fit he cannot execute POA in favour of wife
2) she cannot sell property based on husband medical certificate
3) she needs court orders to be appointed as guardian for her husband to sell his property
Contact a local lawyer in Chennai
1. In the mentioned medical condition, obtaining a POA is not possible, hence is not a solution.
2. Obtain Govt. Hospital's "medical certificate", on the condition of Husband health.
3. AFTER above, file application with Govt. medical certificate, before the local civil court, for declaration order in your favor, for sale of property of husband's ratio, by providing undertaking to court that amount is required & will be used for medical care & treatment.
Your sister's husband has to necessarily execute a PoA in your sister's favour which has to be duly registered. It is better to request the doctor to be an attesting witness to the PoA. Also, please get a certificate from the doctor that during the execution of the PoA your husband was of sound mental health.
Dear Sir,
Yes, your sister can have power of attorney.
Ideally power of attorney for transfer of a property should be given to a blood relative because the authorities raise objections due to various cases of fraud whereby power of attorneys transfer lands without the knowledge and actual consent of the original owners.
1) As your sister to get medical certificate and register plot on her name, so should have clear title on her name as a quit claim deed, so should not have to pay any registration or stamp duty charges.
2) So Later on she could sell the property easily.
If she is producing medical certificate about his inability and loss of memory then she cannot sell the property without court permission.
She may have to suppress the fact of his medical ailments and obtain a registered power of attorney deed in Chennai itself and then she can sell the property in Bangalore on the basis of the registered POA deed.
POA is must or can take orders from court to appoint her guardian of his property. In both case she can sell.
Is his mother is alive or any children ?
She has to take permission from court to be appointed as her husbands guardian and based on the order of court to sale she can sale the property.
Invalid in the eyes of law.
Regards
G.Rajaganapathy
High Court of Madras
She can take a registered POA and sell the flat.
An unsound mind person is not competent to sign any document for any purpose. A guardian has to be appointed under the Mental Health Act. The appointed guardian has to obtain permission from the court for the sale of the property belonged to the mentally ill person.
Dear Client
The wife have to file application in district court to appoint her as manager of her husband property.
She can't get power of attorney of her husband as due to his mental health any contract made by him will be invalid contract. And only producing a medical Certificate will not be enough for selling the property as it would not be the correct process and can be challenged in future.
The procedure to be appointed as manager of property share. Is as follows
Where an alleged mentally challenged person owns property, any of his relatives may come forward with an application to the district court for holding an inquiry regarding his mental condition for the appointment of someone to manage his or her property. On the receipt of such an application, the concerned district court within the local limits of whose jurisdiction the mentally ill person resides, takes appropriate steps for initiating a judicial inquiry regarding the mental condition of the alleged mentally challenged person.
After conducting such an investigation, in case the district court or the collector of the district confirms that the person is mentally challenged and incapable of managing the properties, it can appoint a suitable person as a manager for the property in question.
The manager appointed has the same powers with regard to the management of the property of the mentally challenged owner would have enjoyed. The manager has the power to execute conveyance on behalf of the owner after obtaining prior permission of the court. In case the manager wishes to execute mortgage or lease of such property for more than five years, then he has to obtain an order from the court before signing the mortgage deed/lease deed in lieu of the mentally ill person.
1. Since the residential land is owned jointly by her she cannot sell it in entirety as her husband too has a share therein.
2. She can obtain a registered Special Power of Attorney in her favour from her husband to sell the land for and on his behalf, but before doing it she should obtain a certificate from a registered medical practitioner which vouchsafes that he is in a sound mind.
- As per the information mentioned in the present query, makes it clear that your sister wish to transfer the property or sale the property but with all legal ways.
- Actually, POA if executed then also it should be executed between the person you can really remember the good and back effects of the same, but unfortunately it is not in your sister’s case.
- Registrar office would definitely accept the medical certificate along with the other property documents to get the transaction done.
- If deny by the Registrar’s office then should approach the court of law as if POA comes into picture then there might be some legal problem with the transaction if objected by anyone.