How to sell land if owner cannot move or speak


The land (ancestral) is in my father's name. But he cannot move his hands nor talk (he is not responding at all) because of a stroke that struck couple of months back. So he cannot sign or nod his consent. But my mother need to sell the property for treatment purpose. So how to proceed further. The land is in Trivandrum, Kerala. Appreciate any help towards this. Thanks and Regards, 

Answers (3)


305 votes

Ancestral property is defined as the property whose title has not changed for last 4 generations i.e. from great grandfather to great grandson without being interrupted by any partition/settlement/sale/gift deed or will. If it is not so, then it is not an ancestral property.
If the property is in your father’s name not comes under the definition of ancestral property. Registration act clause 5 says about Registration or acceptance for deposit at private residence.
Registration or acceptance for deposit at private residence In ordinary cases the registration or deposit of documents under this Act shall be made only at the office of the officer authorized to accept the same for registration or deposit: PROVIDED that such officer may on special cause being shown attend at the residence of any person desiring to present a document for registration or to deposit a will, and accept for registration or deposit such document or will.

If your father could not put the signature then he may make the thump impression in the presence of registrar in the document.


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153 votes

Is it the case that he is in coma stage or is it just that he cannot move or speak? ............................................ ................................................................................

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160 votes

You can file a petition before the appropriate court through your mother to appoint your mother as lawful manager and guardian of your father who is ill for the management and sale of his properties. You father will be asked to undergo medical examination by a panel of doctors to confirm his sickness. Thereafter court will give an order to your mother being appointed as the manager and guardian of your sick father. Thereafter she can sell the property on behalf of your father. In case you any further assistance, you may contact me.

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