Advocate Padam Lal Sharma

Questions Answered by Advocate Padam Lal Sharma

Q: sale of property of mentally ill person in India

My father is undergoing treatment for mental health issues at IBHAS, Delhi. He inherited property from his father. Can my mother or I sell this property given his unsound mind? How can we proceed with the sale of property belonging to a mentally ill person in India?

Advocate Padam Lal Sharma answered
Dear Sir, In a situation like this, where a person enters into a contract to sell the property owned by him and is later unable to fulfil the contract owing to his mental illness; the court may direct the appointed manager to do fulfil such incomplete contract. The manager is bound to act according to the directions of the court that appointed him. However, a manager can only manage the individual property of the mentally challenged person and cannot be appointed for joint family property.To sum up, any sale of property which belongs to a person who has mental illness is per se illegal. The mentally infirm person is unable to understand it and is incapable of forming a rational judgement about how it would affect his interest. Any contract with respect to such a property can be entered into by the manager who has been duly appointed and given directions by the district court for the same. It is mandatory to obtain the order of the concerned district court before anyone enters into any contract with respect to the property owned by a person suffering from mental illness and thus after from the directions of the appropriate court, thus appointed manager can legally manage the property of that mentally ill person.For more information, kindly contact the law rato team for my details of my my office and mail id;s and communication details.

Q: Can a sister claim property of deceased brother (without will)

We are 7 siblings, 4 brother's and 3 sister's our youngest brother died recently who was divorced and there was not will. Can my sister's claim for his house

Advocate Padam Lal Sharma answered
Hello Dear. I am not able to understand your query as who are you and who's your sister in this scenario. Kindly contact the lawrato team and you can get my contact details through them because in this scenario i am not able to fully understand this matter.

Q: Legal action against person who refuses to return the money lent

A and B r friends .A Asked 50000rs from B with a promise to pay back in 3 months.B agreed and asked his friend C to give money. Only bank transaction is proof . A later refuses to pay back...who can sue B or C .and how can they get money back

Advocate Padam Lal Sharma answered
Yes in these type of cases recovery suit can be filed as well and as well as a criminal suit can be filed against bith of them. Before initiating these process first we have to send them a legal notice under both the civil law of the land and criminal laws. rest you can discuss and get my contact details through law raṭo.com

Q: How can I be saved from a case of recovery where I was just a medium

A friend of mine gave money to some railway employee through my bank account. After an year he demands his money back. The railway employee said that he needs time to repay his money back. Now as the money was transferred through my account,he is asking me to return his money with an interest of 18%. He's constantly giving suicide threat and says that if anything happens to him is because of my father. Looking at his financial problems my father has already given him 1.5 lakhs which he is not liable to pay.. Please guide me

Advocate Padam Lal Sharma answered
No issues in these type of cases we can even intiate criminal proceedings against that person and also can register a criminal complaint stating that he is criminally intimidating by giving threat to life. Rest you can get connect with lawrato team for my contact details.

Q: Procedure to change registered GPA into Registered property

I will purchase a property in Uttarchal Colony, Behta Hazipur, Loni, Ghaziabad. But the property is registered GPA. I want to know can I transfer from GPA to registry in Ghaziabad. .

Advocate Padam Lal Sharma answered
The rule is this that if the GPA is in your blood relation name than the person legal hier or the person who is so connected by blood relation to the person on whose name the GPA is than it can be registered on that person name.Rest you can contact me through law Rato and we can discuss this personally.