Father recently had a stroke. He can only answer like a child. Father lives in Hyderabad with wife, son and his family. Father has a flat in Bhopal in his name. No other person mentions on the property deed and no registered will. How can we add son name to the property deed or transfer/sell the property.
- Since, this property is in the name of father , and he is still alive then during his life time none having right to claim over his property.
- However, as he is sufferings from the said diseases , then the son can file a petition before the court for getting transferred the said property in the name of son.
Name of son cannot come on record of property of father as long as father is alive. After father son can get his name on record by procedure called mutation. Father can execute a registered gift deed in favor of son. He has to travel to the place of Sub-Registrar office at which property is located for registration. Presence of both father and son is necessary before Sub-Registrar to register gift deed.
Your mother can make application to court fir being appointed as guardian
you and your siblings can furnish their NOC
with court’s permission sell the property
Since the property is on his name, he can transfer the same to his son or any other person of his choice by executing a registered transfer deed , i.e., by a gift settlement deed or sale deed.
He do not have to answer anyone about this, he just has to sign or put his thumb impression in the presence of a doctor who can certify that he is mentally stable.
The property belongs to the father and hence the son has a natural right over the property. Now if he wants to take control of the property then he would have to give an application under the law to the court and it would give the guardianship of the property to him.
The son can ger it transfered through mutation by producing death certificate. If he had will you can do it easily otherwise you will need succession certificate
Dear Client,
if you think your father is of unsound mind or not fit , You can apply for appointment as manager for management of property of your father before District Court where your father ordinarily resides. The district court then order for investigation regarding mental and physical status of your father and after obtaining investigation report the district court I appoint you as manager to manage the property of your father. However for the purpose of sale the permission of district court is necessary. After obtaining requisite permission you can sell the property of person who is not fit.
