If all are consenting in the family who are the legal heirs. I don't think there will be any issue.

Your father is not mentally fit 

2) he is not in position to execute will 

3) on father demise property would devolve on his legal heirs ie wife and 4 children 

4) father cannot execute gift deed during his lifetime as he is not of sound mind 

Yes a gift deed can be registered

He can sign the gift deed and a power to attorney in favour of any 1 child (only for purpose of complying with registration formalities on his behalf and so that he is not required to attend the office of sub registrar for registration) when he is in a sound and disposing state of mind in front of 2 witnesses 

However if he cannot understand at all as to what he is doing then a legal guardian needs to be appointed by applying to the court

The law says that just because a person cannot understand what he is doing does not mean he is incapable of so understanding at all points of time. Whenever he is sober and is able to discern what he is doing, he can always make a Will at such time or register a gift deed. 

Hello!

1. If it is your father's self acquired property and it stands in your father's name, it will automatically pass on to all the 4 children and your mother (if she is alive) by the operation of law of succession. You brother cannot acquire all the property forcibly. 

2. If your father is not in the right sense of mind, the registrar will not register the will. Even if he does, it can be challenged later.

1. Yes. If the property is self acquired property of your father he can make a registered gift deed or deed of settlement to any legal heir he wants. 

2. If he has a registered Will then its also valid but the problem is before his death any of children by fraud may get a gift deed registered in his name. 

3. Therefore decide accordingly. 

As you said he had prepared a WILL, so have he registered that WILL or not ?

As of now all legal heirs name can be updated on property card as a nominee, so after your father nobody can change legal heirs list or acquire by any one person among legal heirs.

1. See in case the father is mentally not fit to sign and understand the transfer such transfer cannot take place even if you register the same can be challenged on the ground of memory loss and mental status of your father. 

don't worry, send me complete case details.

adv roshan khatri

www.khatrilawhouse.org

Yes the property can be registered in the name of all 4 children 

If your father is not in sound mind then the registration is not valid.

Moreover since he is bedridden, even if the registrar is called to house for registration, there should be a doctor certificate to certify he is mentally fit.

Thus in the given situation the registration of property to your names is not possible.

As you ahve said that your father is not in his clear sense his will if he executw now will be challenged by anyone whonwill be not satisfied with this.

It looks like that this is a self acquired property of your father and he is bedridden but you have some sense that he can transfer the property if the will which is made previously is including all the children and the rest of the family does not want to include one brother who is living with his in-laws then you can change the will and get it registered or otherwise you can transfer the property in the names of respective children my calling the registar for transferring the property and get it mutated during the lifetime of your father.

The register of can be called for the registration of the property in case any senior citizen is bedridden and is not able to go to the register office for the documentation purpose and if fees is being collected for this service by the registry office.

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1. IN case a person is unable to visit the Registrar office for any reason, the Registrar of Sub-Assurances can be summoned for House Visit via proper application and payment of relevant fees, for purposes of registering Sale /Gift /Will /Donate /whatever.... document that may be required.

2. You are advised to execute a registered Family Settlement Deed with mutual consent decision with strategic clauses clearly defining as to which property goes to which person and other conditions.

- Since, your father is unable to go to the office of the registrar , then you can move an application before the Registrar office to arrange an official to record the consent of father and to take the required information from him , and his signature , thumb impression for registering the WILL . 

- Generally , such application is allowed by the Registrar after paying a nominal fee for the said work , and registration . 

- Further , as the said property is a self acquired property of father , then none having right to challenge the said WILL , as your father is having his right to transfer his self acquired property to any one through WILL or a Registered Gift Deed.  

Will is effective after death. So ownership cannot transfer in his life time.

No you cannot transfer the house on name of children till your father is alive. 

On the above-mentioned query please note down that any person with mentally unstable or unsound mind, transfers his property (movable or immovable) is totally illegal and null and void. 

You can sell the land on basis of the will unless your siblings challenge the same

You should apply to court for being appointed as guardian of father as he is not mentally fit 

brother would not have father execute gift deed if you make such application 

Every lawyer will have his or her own view

If there is a registered Will there is no way by which the brother can 'make it look like a gift deed registration'

The formats of Will and gift deed are completely different 

A Will operates from the date of death of the person who made it whereas a gift deed operates immediately on it being registered 

A gift is a transfer of property that happens during the lifetime of the donor 

So your apprehension is unfounded 

Even if the Will is registered it still has to be proved that it is the last Will of your father, that it was signed by him in a sound state of mind in front of 2 witnesses and the witnesses have attested the Will 

Sir, you may get a doctor certificate stating your father is mentally fit to understand and sign documents, then you may sale the property in case any objection the certificate may be produced. 

You first secure the evidence to prove that your father is mentally not stable and he is suffering from mental ailment from so and so date to the current date.

This certificate will come to your rescue if at all your brother is manipulating some fraudulent transactions using your father's ill health condition.

Further since you are one of the legal heirs of your father, mentioning your father's mental ill-health, you can file an injunction suit restraining your brother from trying to alienate or encumber the property in any manner during this period.

For valid gift, father must need to in perfect mental condition to appear before sub registrar. It must be register.

To prevent anything, be strong and retaliate to brother. Sisters can complain to police agasint any force. Without POA from father, house cannot sell.

1. WILL is effective ONLY after death of will maker.

2. Gift Deed can be registered ONLY before the Registrar of Sub Assurances (SRO) and not in house or anywhere else

1. Property is not registered. Deed of conveyance of property is registered.

2. Your father is not in proper mental state to execute any legal document for registering the same though registration at home can be done by commissioning i.e. by bringing then Registrar to your home.

3. In any case your father has already executed a Will which is valid without registration and will be executable after his demise.

4. You shall have to apply for and obtain probate of his Will after his demise..

1. You and your sister shall have tom lodge a police complaint alleging that your brother is attempting to get the gift deed of your father's property registered under coercion when your father is unable to execute any Deed for want of stability of mind and forcing your sister to leave the house by assaulting her.

2. File an application u/s151 of C.P.C. before the District Judge praying for a direction upon the police to register FIR, investigate and act as per law based on your said complaint.

File partition suit on basis of WILL

Probate can be granted only after death of the person who has made the Will.

- The registration of a WILL is not mandatory , and even it can be challenged , except if the WILL is probated from the court. 

- Your sister should file a Permanent injunction suit before the court for restraining them from forcibly dispossesses from the house , and transferring the said property to anyone. 

- However , she can lodge a complaint before the police before filing the said suit. 

Ask your father to give a NC to police that his son can forge his signatures to execute a Gift deed of his property in his favour. 

This NC will help you in case this dispute arise in future. 

If the will is already registered, it will come into operation on the demise of your father. 

As of now you cannot sell that land. 

As far as possibility of your brother forging a gift deed is concerned, try to collect as many evidences as possible. For eg. Periodical Medical Certificates of your father, Medical prescriptions, Test reports, threat of your brother, call recordings, voice recordings etc. 

Since your father is bed ridden, your brother will not be able to get the deer registered. 

But if at all your brother manages to forge such a gift deed and get it registered can be cancelled by proving that it was made in unsound state of mind and under undue influence/coercion by your brother. 

The will can only come into force after the death of the testator ie the lwrson making the will.

You cannot do so right now.

If the will is registered then he cannot do anything. Also, you cannot do anything with a will when the person is alive although not in his right mind. I don't think there can be any other legal way possible. 

However you may take control of the property on behalf of your father through an application given to the SDM under the mental health care act.