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Is a POA obtained under mental disorder valid
06-Jun-2023 (In Property Law)
Some person take power of attorney from my father in January 2000 and transfer property in his family in April 2000 my father was suffered from mentally disorder from January 1999 to June 2014 I have medical certificate from government homeopathic hospital ,this power of attorney is valid?,
Power of attorney is not valid, as same was not executed by person of sound mind. You can file a civil suit on behalf of your father to get declare the sale deed null and void in the competent Court of law
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no the power of attorney taken from your father is not a valid one as your father was not in a capacity to give his consent. while this is a good reason but what would also play a part in your action succeeding is the nature of the mental disability and whether the disability diminished your father's mental capacity
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Adv. Ankush Chowdhary
Mohali | 25+ Answers
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If your doctor has issued you the certificate stating the suffured mental condition then your father is having the remedy to file civil suit for declaration. There may win the case positively. Go for it.
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Adv. Sarabjit Singh Cheema
Mohali | 25+ Answers
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