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Regarding Mentally Sound Certificate


04-Apr-2024 (In Property Law)
My mother is suffering from Parkinson and she has done a registered gift deed to me in delhi..although she is mentally alert but I suspect that the deed could be challenged by my brother and sister on the basis of her disease..so would like to know whether I should try to get a mentally sound certification for her from a doctor or if the deed is challenged then whether the court decides about it's requirement and then directs from where to get it..also would like to know if a registered gift deed could be challenged or not
Answers (2)

Answer #1
623 votes
it can be challenged well because there are reasons for it to be disputed but if you know that your brother and sister could challenged it then you can take legal measures regarding it as per you comfort
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Answer #2
934 votes
If any gift deed is signed and executed by any person who is of unsound mind then the said deed is void ab intio and can be challenged by the other side. However the onus to prove the unsoundness would be on the party who alleges so. For any further advice feel free to contact.

Thanks
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