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Division of Mothers Property where she is in unsound mind
23-Jul-2023 (In Property Law)
We are Hindu and are 4 brothers and 1 sister,all married . Our Father died in 2006 and mother presently is not in sound state of mind.Since she is living with our younger brother it is feared that he might have forced our mother to will HER owned property in his name.He is not ready to part any share to any of his siblings. Please suggest legal advice.
In the instant matter, since the mother is the owner, (assuming sole owner) she cannot transfer or bequeath the property to anyone because of incapacity to enter into a contract due to unsound mind. Therefore, you have to approach the court for appointment of Guardian and/or manager of the estate.
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Adv. Surekh Kant Baxy
Noida | 25+ Answers
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The Will of your mother will not be legal due to unsound mind it will be zero, so u can challenge the will in a court. And u should collect the evidence of unsound mind of your mother it will be necessary in the court.
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Adv. Moaz Naziri
Moradabad | 25+ Answers
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