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Mentally retarded made to sign on a release deed how to challenge it


04-Jul-2023 (In Property Law)
My uncle mentally retarded has a share in joint property. My aunt made a release deed in which he was made to sign, in that release deed his share of property was transferred to my aunt without any notice to other siblings,the very next day my aunt executed a sale deed of his share took the money and went underground. We dont have any evidence of my uncle being mentally retarded before the date of signing the release deed. What should we do ?
Answers (3)

Answer #1
780 votes
A contract entered by a lunatic/lunatic person is not valid. Moreover, the court will look into the intention of entering into such transaction and the sale deed entered by your aunt can be challenged in court.

Answer #2
754 votes
Since your Uncle was presumed to be in a state of normalcy at the time of signing the release deed, it is difficult to challenge the deed. You mentioned "...he was made to sign"; if he was coerced or forced to sign, you may have a ground to challenge.
Secondly, aunt has already sold that share and absconded with the money. It is not a criminal case, so Police will not file an FIR. Your case is weak with fewer chances of recovery.
Answer #3
788 votes
Such kind of cases you have to meet us face to face as such cases require detail work study and advocate has to considered all the aspect of the case. Please contact on our numbers for fast remedy and meet us.

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