My mother is mentally and physically seriously ill. She can not go to registrar office also she do not understand these things. How she can authorise her only son to sale the property which is in her name.
- Since she is unable to move and understand , then you cannot take her POA for selling the property .
- However, you can move an application before the Registrar to appoint one official to take her signature and thumb impression for transferring the property in the name of purchaser .
- If , you are only legal heirs i.e. no father and sister , then after her demise the property will be devolved upon you .
1. In her present condition, her properties can not be sold without Court order in case such sale is required for her treatment and welfare.
2. So, file an application before the District Judge [raying for the said leave of the Court for selling her specific property for her treatment and/or welfare.
If she is mentally unfit you cannot sell the property
2) you have to apply to court for being appointed as her guardian and obtain court permission for selling the property
You may first have to obtain a medical certificate to certify that she is a mentally disabled person after which you may have to file a petition under mental health act to declare her as mentally challenged person and to appoint a court guardian under guardians and wards act .
The court appointed guardian may file a petition to seek permission from court to sell the property on her name for taking care of her as well as her expenses.
Don't worry. If you are the only son of your mother, you would be the owner of the property even she dies Interstate.
A guardianship application must be given in the district collector's office and permission may be taken and then you may dispose of the property.
You need to file an application in district Court for holding in inquisition into the mental condition of mother under Section 50 of Mental Health Act, 1987. Court will examine such person and permit you to sell her property. After permission you will be entitled to sell the property as it belongs to you.
She cannot authorise you to do any transaction on the property as she is of unsound mind is known person of unsound mind is competent to enter into a contract as per law.
You will have to file a petition for appointment of next friend/ guardian of a person of unsound mind is to protect the interest of such person. Permission of the court would be required to sell that property as well.
Dear Sir,
1. In case a person is critically ill and cannot undertake such activities, he/she can authorize other people to conduct such activities on their behalf through "power of attorney'
2. A power of attorney is a legitimate written instrument authorizing one individual to carry out actions and take decisions on behalf of the other, when the latter is indisposed or out of the country.
Thank You!
