Any insane person during lucid intervals of sanity can legally and validly do all acts which a sane person can do. If she gifts her property during such intervals that will be perfectly valid. Circumstances you stating do not give raise to criminal proceeding, if at all any case is filed it will be civil. No criminal charges can be invoked against you. Get the gift deed executed enclosing a medical certificate certifying her mental condition at the time execution.
Mom with mental disorder gifting her property in favour of her son instead of her daughter
My mom has been living with bipolar mental illness for last 20 years. My dad passed away 6 years back. They have two children's, me and my sister. I am married but not my sister. we have an apartment still in the name of my late dad(self accrued) and mom has some 40 cents of land gifted by mom's dad ...Remaining property is in the name my sister and mine ... For selfish reasons best known to my sister , she don't want to split the wealth of my parents .. I gave the option to my sister to choose between apartment and 40 cents of land ..But she is not willing..To break the deadlock , my mom is willing to gift the 40 cents of land to me ...so my sister is forced to take the apartment or exchange the same with me for the land ...In both cases , the wealth gets divided before the demise of my mother avoiding further complications .. My question is if my sister or anyone can sue me for taking my mom land as gift from her, considering the metal illness she is suffering from ? if so , whether its a criminal or civil offence ? and what are the other complications ? I am willing to be pulled to court by my sister rather that I pulling her to court but I need to know the nature of charges I will be facing in case and financial implications
Asked 4 years ago in Property Law
Religion: Christian
6 Answers
She can file suit to set aside gift deed if mother is not mentally fit
it is not a criminal offence
better option is to have medical certificate enclosed to gift deed that mother is mentally fit
1. Bipolar disorder is not insanity and therefore your mother does not suffer from any legal infirmity to make a valid contract.
2. Therefore she can very well make a registered gift in your name which even if disputed by your sisiter can not sustain the rigours of law.
3. No criminal case will lie on this fact.
1. under section50 and 59 of Mental Health Act 1987 manager appointed for mental health of ill person for management of ill person property . So, the manager can make application to district court to grant permission to transfer property by gift, then notice is given permission to your sister after considering there is any objection or not then these inquiries will be necessary. So Yes, your sister can sue you so what you can do is follow the procedure as provided in this section.
2.This will be covered under civil offence.
3. The complication is that you can be sued by your sister for not taking her as consideration and not taking her permission while taking the property as a gift by your mentally ill mother.
4. Your sister can sue you under section 68 of mental health act and can also penalize you under this act.
If your mother is mentally ill then she cannot transfer the property to your name, and if it is proved by the other legal heir then this transfer would become invalid.
As a matter of fact, you have one third rights out of the property left behind by your father whereas neither you nor your sister are having any rights in your mother's proeprty at least not during her lifetime.
If the same is her self acquired property and she has gifted to in her good mental condition you no one can take objection. if she has executed it in poor mental condition sister can have a ground to challenge it on that parameters.
Its civil offence if cheating and fraud not included in it
