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Is it legal to purchase property from mentally unsound person
22-Jul-2023 (In Property Law)
I am going to purchase land from my wife's mother sister. She has some mental issue which is not seen at site. She is selling land for her son education and to repay some borrowed money. She has a son of 18 age and daughter of 14. Will her sale is valid. Will I get any problem in future?
Generally, a person of unsound mind is legally incompetent to contract. However, if such disability is temporary, such persons too can validly execute any contract during periods of lucidity. In such cases, proper medical certificate has to be insisted upon.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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Can person of unsound mind inherit property?
Indian Succession Act of 1925[12] was also passed, which states that people with unsound minds do not possess testamentary capacity. This restriction rendered the Hindu Inheritance (Removal of Disabilities) Act of 1928s right to property granted to PMIs redundant. 19-Nov-2020
How do I sell property of someone of unsound mind?
A person with a weakened mental state is not competent to sign a contract. This means that your mom cannot sell the house on her own. You can also sell her property. You can sell the house by getting your mother to sign an attorney power. 10-Sept-2023
What to do with a mentally ill family member who refuses treatment?
It is important to be patient, listen, and express your concerns when a person refuses treatment for mental health. Ask them what you can do to help. You should act immediately if a person is showing signs of a serious mental health issue. Call 911 or the local crisis response team. 06-Jan-2023
An unsound mind person is not competent to sign any document for any purpose. A guardian has to be appointed under the Mental Health Act. The appointed guardian has to obtain permission from the court for the sale of the property belonged to the mentally ill person.
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Adv. T Gabriel Raj
Tirunelveli | 25+ Answers
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