If your bed-ridden mother is of unsound mind and even though she may execute a WILL, then the WILL will be invalid in the eyes of the law. .You may be aware that the WILL takes effect only after the Testator's death.
Mother bedridden, unsound, and cannot sign
Hello, My mother is Bedridden,Unsound and cannot sign.She is sole owner of the property with no will.Im only child of my parents.I want to clarify following query 1) Can i take loan against property in which my mother is sole owner as she is unwell with no will can my father sign on my mother behalf to avail the loan.As bank required Co-applicant to sign and my mother is not position to sign 2) If i want to sold the property while she is still alive how can i do 3) Do i need to give NOC to my father 4)As said im the only child so no one will be their to challenge the will .Is will with thumb impression of my mother will valid? Your help in this regard will be highly appreciated Regards,
Asked 10 years ago in Property Law
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9 Answers
will of a person of unsound mind is not valid,
1) a person of unsound mind cannot dispose of his property by will .
2) you cannot take loan on property of which your mother is absolute owner .
3) your father cannot sign as co applicant
4) you have to make application to the court for being appointed as guardian of your mother .
5) your mother cannot sign or have her thumb impression on the will . the bequests made by said will shall be invalid as your mother is of unsound mind .
6) contact a local lawyer
1. Neither you nor your father can take loan against this property as none of you can sign as a co-applicant.
2. You cannot sell the property as your mother is the owner thereof. A property can be sold by the owner or someone who is authorised by the owner, and by none else.
3. NOC by you in favour of your father will have no legal value attached thereto for the simple reason that you have no rights in the property owned by your mother.
4. Your mother can neither sign nor put her thumb impression on the will as she is not of a sound mind.
5. You may apply to the court for being appointed as the guardian of your mother.
Thanks you all for your valuable suggestions. How much time it will take if my father apply to the court as the Guardian of my mother? if court approve the request can my father sell the property? Regards
Asked 10 years ago
around 6 months to a year . if your father is appointed as guardian by court then after court consent property can be sold by your father
Your father should apply for his appointment as guardian in the court then he would be able to sell the property. For more information or legal help, please talk on phone.
Your father may apply to the court even as early as tomorrow, albeit it will take some months before court appoints him as the guardian. Once he is appointed as guardian he may sell the property of his wife.
1. No legal document signed by your mother in her unsound mind, either being a mortgagor or testator will be treated as valid,
2. You can inherit her property on her demise,
3. Your father can apply to be the guardian of your mother which the Court may grant & as the guardian of your mother, your father can sell her property on acceptable ground with the permission of the Court.
normally with in one year