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How to take legal custody of my Father


03-Feb-2023 (In Property Law)
I am a Government employee and lives away from my village. My father is living in village but he mentally do not sound good and unable to perform even daily work without any help. He is been forcefully taken by my Nephews and even not taking proper care of him. As I am a central govt. employee even I have my fathers Medicals Dependent card also but as he is in not my custody I am unable to take care of him and unable to take him to doctor for checkup of his health. So can I legally take custody of my father from my Nephews and brother. Even I have doubt that they had made will without his concern as he is mentally unstable and took thumb impression of my father on that and they can produce it after he will die. What should I do to take legal custody of my father? and What should I do if they produce any will in future with his thumb impression on it? Though he is still alive but mentally unstable so what legal proceeding I should take?
Answers (2)

Answer #1
930 votes
file a habeas corpus writ petition in the competent High Court and seek to bail out your father front the unlawful custody of your nephews and your brother. this is the best legal recourse available to you at the moment.
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Answer #2
626 votes
Hello Yes you can take legal custody of a father and that too you can take from your High Court which you belong from. That if you wish you should go for applications to SDM and DM and then through your representation. If it get decided within one week then its very good. Or You should approach your High Court directly in writ petition by asking the Corpus. The following writ petition can be followed under the heading of Habeas Corpus writ petition .
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