HI, My mother (91 ) is a uk citizen in a nursing home and has advanced dementia. I need to solve ancestral property issues in goa on her behalf. I have an OCI card. The lasting power of attorney documents that I have in uk are not recognised by india . So ineed to apply through indian courts to become her legal guardian. Please advise of procedure, time and cost for this to occur Thank You Ruta Patki
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which documents will you and do they need to approved FCDO
Do I need to be in goa for this action to be filed
will depend on the answers that you provide
can you then do an inventory on the properties that she has in goa?
assuming i get guardianship how long does an inventory process take in north goa?
. 1) You can file a writ petition in the(Goa Bench) of bombay high
Court requesting the court to exercise its power to appoint you as a guardian
2) Obtain a formal medical report from a qualified practitioner in the UK (where your mother resides) confirming her advanced dementia and lack of mental capacity.
3) enclose list of the ancestral properties in Goa.
4) it may take a year to obtain court orders
5) legal fees vary depending upon lawyer engaged by you
my mother's documentation • Medical records, UK court orders, or UK POA documents originate in the UK • You will use them in India / Goa so what next
You need to engage a lawyer in Goa to file writ petition .
you should come down to india and engage a lawyer to appear on your behalf
Indian law typically mandates that a guardian be an Indian citizen, your OCI status may prevent you from becoming the sole guardian
To bypass the citizenship barrier, it is recommendedappointing a trusted Indian citizen relative as a co-guardian alongside you.
You should come down to india appoint lawyer
Answered your query
If appointed, you must submit an inventory of all her immovable property within 6 months and file annual accounts of her assets and income to the court every financial year.
Since your mother has advanced dementia, Indian authorities will not accept a UK lasting power of attorney. To deal with property in Goa, you must be appointed as her legal guardian by an Indian court.
You need to file a guardianship case in the District Court in Goa through an Indian lawyer. You will have to submit medical records showing dementia, proof of relationship, property details, and your OCI and identity documents. The court may ask for a local medical opinion and will issue notice to close relatives.
If there is no objection, the process usually takes about six to twelve months. Legal costs are generally around one to three lakh rupees, apart from minor court and document expenses.After the court order, you can legally handle her property matters in Goa.
Cannot say how long it will take to obtain inventory of her property
The high court may order a fresh assessment by a medical board in India or request an independent evaluation of the UK medical records.
Since UK lasting powers of attorney are not automatically recognised in India, Indian authorities generally require either a locally valid power of attorney or a court order appointing a guardian/manager. Given your mother’s advanced dementia, the legally secure route is to apply before an Indian court (usually the District Court in Goa or the Bombay High Court at Goa) seeking appointment as her guardian for property and legal affairs, invoking the court’s parens patriae jurisdiction. You will need certified medical evidence from the UK confirming incapacity, proof of relationship, details of the ancestral property in Goa, and disclosure of other legal heirs. Notices are typically issued to relatives and the State, followed by hearings before an order is passed.
Through an Indian advocate, a guardianship petition is filed with medical reports and affidavits. If uncontested, courts may dispose of the matter in 6-9 months; if objections are raised or property issues are complex, it can take 12-24 months or longer. Once appointed, the court order enables you to represent your mother in property matters (mutation, partition, sale, or litigation) before registrars and revenue authorities in Goa.
As a broad estimate, total costs (advocate’s fees plus incidentals such as notarisation, apostille, translations) commonly range between Rs. 1 lakh to Rs. 5 lakh or more, depending on complexity and duration. As dementia is established, registrars and courts would insist on a formal guardianship order, making the court route the safest option.
Indian courts and laws generally require Indian jurisdiction guardianship before anyone can manage property or legal matters on behalf of someone who has lost capacity.
High court can appoint a guardian for an adult who cannot care for themselves due to incapacity (e.g., dementia).
Courts assess medical evidence (usually via a medical board) showing your mother’s incapacity.
If satisfied, the Court may appoint you as her legal guardian to manage her healthcare, daily care, finances, property, bank accounts, legal suits, etc. including ancestral property matters.
File a Petition in the High Court of the relevant state (under parens patriae / inherent jurisdiction). If the Court is satisfied, it issues an Order appointing you as legal guardian.
If there are objections from other heirs, it could become a contested case and take 12–24+ months.
Proof of Your Mother’s Identity & Status.
UK Passport (copy), proof of UK citizenship
Birth certificate (if used to prove relationship).
Medical report confirming advanced dementia.
Nursing home letter confirming care & condition.
Your birth certificate
Affidavit of relationship (India)
NOC affidavit from heirs abroad.
No, you do not need to be physically present in Goa to file the guardianship case. You may need to be present later only if the court specifically directs it.
Your travel to Goa is not mandatory if ALL of the following are true:
You are the only child or all other legal heirs give No-Objection Certificates (NOCs) if y ou are seeking guardianship only (not immediate sale of property), if you give a Special Power of Attorney (SPA) to a Goa advocate and if UK medical reports are apostilled.
The case can be filed, argued, and decided without you visiting India, the court appearances can be handled entirely by advocate. At most, video conferencing may be requested (rare). If any heir objects then the travel risk increases (but still not automatic).
You require a local advocate for
Access Goa land registry / Form I & XIV,
Discover undisclosed properties,
Verify title authenticity,
Pull Comunidade records,
You can look for one yourself.
The timeline for getting the desired job completed will depend on the situation and the advocate 's efforts and your regular and proper follow up.
This is a practical issue.
As your documents originate in the UK and will be used in India, they must pass through three distinct legal filters.
Medical & Factual Documents - These ARE usable in India (after apostille).
Orders appointing you as deputy/guardian in the UK
Though not automatically enforceable in India
but strong persuasive evidence for Indian courts.
Since both the UK and India are Hague Convention countries, apostille replaces embassy attestation.
The following documents are to be apostilled by FCDO
Medical certificates
Capacity / dementia assessments
Nursing home letters
UK court orders
Birth certificates (relationship proof)
Any affidavits signed in the UK.
Before apostille, ensure UK medical documents contain these phrases (or similar):
“Advanced dementia
“Lacks capacity to manage financial and legal affairs”
Condition is permanent / progressive”
Unable to give informed consent”
If these are missing:
Indian court will order fresh medical opinion
This causes 2–3 months delay. Ask the UK doctor for a supplementary letter if needed.
It’s better you approach court in the said matter with all your legal heirs. In case of dementia any document executed by you can be later challenged on grounds of medical incapacity
As OCI, file guardianship petition under Guardians & Wards Act 1890 in Goa District Civil Court (North Goa jurisdiction) or writ in Bombay HC Goa Bench via local lawyer; appoint co-guardian (Indian citizen relative) due to OCI limits. Get UK docs (medical records, POA, court orders) apostilled by FCDO first (7-8 days normal, 3 days expedite). No personal presence needed in Goa—use Power of Attorney to lawyer.
Apostilled UK medical certificate confirming dementia/incapacity.
Apostilled UK POA/court orders (FCDO apostille suffices for India as Hague member; no further MEA).
Your OCI card, mother's passport/UK ID, relationship proof (birth cert apostilled), property details list, affidavit.
Engage Goa lawyer remotely; submit apostilled docs + petition. Court verifies incapacity, hears objections, appoints guardian.
File in North Goa Notary or Magistrate court under Goa Succession Act; list properties/assets (1-3 months typical). Lawyer handles.
Since your mother is a UK citizen with advanced dementia and no decision-making capacity, a UK Lasting Power of Attorney is not automatically recognised in India. Indian authorities, including courts and revenue offices in Goa, will require a court-appointed guardian under Indian law. The correct legal route is to seek appointment as guardian of the person and property through the District Court having jurisdiction over the property in Goa (North Goa or South Goa, depending on location). Such applications are generally considered under the Mental Healthcare Act, 2017, with procedural support from the Guardians and Wards Act, 1890. As your mother lacks capacity, her consent is not required, but the court must be fully satisfied on medical evidence and your bona fides.
You will need to produce strong documentary proof. Medical evidence is mandatory and must clearly state that your mother is suffering from advanced dementia, lacks capacity to manage her affairs, and that the condition is permanent or irreversible. This certificate should come from a qualified neurologist or psychiatrist, or from the nursing home or hospital where she is admitted. Since this document originates in the UK, it must be apostilled by the UK Foreign, Commonwealth & Development Office (FCDO). Without apostille, Indian courts will not rely on it.
Proof of your relationship with your mother is also essential. Your birth certificate showing your mother’s name is the primary document. If there are name variations, additional supporting documents may be required. These documents must also be apostilled by the UK FCDO. Identity documents such as your passport and OCI card, and your mother’s UK passport or citizenship proof, will be required; UK-issued documents again need apostille.
Any existing UK documents, such as a Lasting Power of Attorney or UK court orders, should be produced even though they are not directly enforceable in India. They help establish your bona fides and history of care. These too must be apostilled. Indian property documents relating to the ancestral properties in Goa—such as title deeds, survey records, matriz extracts, or land registration records—do not require apostille.
FCDO apostille is required for every UK-origin document that will be used in Indian court. Once apostilled, no further consular attestation is needed.
You do not necessarily need to be physically present in Goa for filing the guardianship application. The petition can be filed through an Indian advocate on the basis of apostilled documents and affidavits executed by you abroad. However, at least one appearance is often advisable, especially when the court wishes to interact with the proposed guardian. In suitable cases, courts may permit video conferencing or proceed through counsel if personal presence is genuinely difficult.
In terms of timelines, preparing documents and obtaining apostille in the UK usually takes three to five weeks. Filing and admission of the petition may take one to two weeks thereafter. Notices and court satisfaction typically take another four to eight weeks. If there is no contest and documentation is complete, the final guardianship order is commonly passed within about two to four months.
Once appointed as guardian, you can legally represent your mother in all property-related matters in Goa. This includes appearing before revenue and registration authorities, managing property, seeking mutation, and protecting her interests. For any sale or transfer of property, however, a separate and specific permission from the court is usually required.
After guardianship is granted, you can initiate inventory proceedings for the properties in Goa. Goa follows inventory proceedings under the Portuguese Civil Code, which is a structured process to identify assets, determine shares, and avoid future disputes. In North Goa, inventory proceedings typically take six to twelve months depending on complexity, objections, and valuation issues, though initial stages such as appointment of administrator may happen sooner.
Costs will broadly include apostille and documentation expenses in the UK, nominal court fees in India, and advocate fees in Goa, which vary depending on complexity, number of properties, hearings involved, and whether permissions for dealing with property are also sought. Guardianship and inventory are not instantaneous processes, but they are legally robust and future-proof.
It is important not to attempt any property transaction in India solely on the basis of a UK LPA, as such actions are likely to be rejected or later challenged. Similarly, executing deeds before obtaining guardianship is risky and may render transactions voidable. Ensuring that every foreign document is properly apostilled is crucial. Once guardianship is granted, it provides you legal protection and authority, reducing the risk of future challenges.
In summary, even as an OCI holder residing in the UK, you can be appointed as your mother’s legal guardian in Goa through the Indian courts. The process is document-intensive but well recognised. After guardianship, you can lawfully undertake inventory proceedings and manage the ancestral properties in Goa in accordance with Indian law.
Dear client,
It is important that you physically go to Goa to file an application for your appointment as the legal guardian of your mother since she lacks decision making capacity and only the grant of such an application will legally authorise you to manage her affairs in India.
The necessary documents for the same are medical documents showing incapacity, proof of relationship and proof of identity of both yours and your mother and the relevant property documents along with the affidavit.
Though the filing of the application can be done by your lawyer, your presence is required at least once in the court.
Upon appointment as the guardian, you can legally prepare the complete inventory of the assets that belong to your mother in Goa.
I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.
