Procedure to sell the property of father if he is of unsound mind

906 votes

You can apply for appointment as manager for management of property of your father before District Court where your father ordinarily resides. The district court then order for investigation regarding mental status of your father and after obtaining investigation report the district court I appoint you as manager to manage the property of your father. However for the purpose of sale the permission of district court is necessary. After obtaining requisite permission you can sell the property of person who is unsound mind

Advocate Rajeev Srivastava LawRato

978 votes

if the property is transferred in father's name then without his consent the property cannot be sold until and unless you obtain a certificate from competent medical authority to issue a certificate of his unsoundness.
Chief medical officer can issue such certificate.
if your father has any other Class-I legal heir then there consent/no objection will also be required for disposing off the father's property.

Advocate Vijyant Nigam LawRato

510 votes

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.

Advocate Padam Lal Sharma LawRato

357 votes

Procedure to Sell the Property of a Father Who Is of Unsound Mind
Selling the property of a father who is of unsound mind involves a legal process that prioritizes the welfare of the individual and ensures the proper handling of their assets. Here are the steps typically involved in this procedure:

1. Medical Evaluation: It's essential to obtain a medical certificate from a qualified medical practitioner or psychiatrist confirming the father's unsound mind. This certificate serves as crucial evidence of the mental condition.
2. Appointment of a Guardian: In many cases, a guardian is appointed by the court to manage the affairs of the person of unsound mind, including their property. This guardian could be a family member or a legal guardian appointed by the court.
3. Application to the Court: The appointed guardian or a family member must file an application in the appropriate court seeking permission to sell the property on behalf of the person of unsound mind. The application should include details of the property, reasons for the sale, and a proposed plan for using the proceeds for the welfare of the individual.
4. Court's Assessment: The court will carefully assess the application to ensure that the sale is in the best interest of the person of unsound mind. The court may also consider the opinions of medical experts and other relevant factors.
5. Public Notice: In many cases, the court may require the issuance of public notices to inform potential buyers about the sale. This is done to ensure a fair and transparent process.
6. Sale Process: Once the court grants permission, the property can be listed for sale. The sale process must adhere to the legal requirements, including proper documentation and compliance with property laws.
7. Utilization of Sale Proceeds: The sale proceeds are typically used for the benefit of the person of unsound mind. This may include medical care, rehabilitation, or any other necessary expenses.
8. Court's Oversight: The court retains oversight of the entire process to ensure that the sale is carried out in accordance with its orders and that the proceeds are used for the welfare of the individual.
9. Reporting to the Court: The guardian or the person responsible for managing the sale must provide periodic reports to the court regarding the utilization of the sale proceeds and the well-being of the individual.

It's important to note that the specific procedures and requirements may vary depending on the jurisdiction and local laws. Legal advice from an experienced property lawyer is crucial when dealing with such matters to ensure compliance with all legal formalities and to protect the rights and interests of the person of unsound mind.

Advocate Chikirsha Mohanty LawRato

76 votes

Adults in a comatose or mental state, or with Autism, Cerebral Palsy, or other disabilities, are not capable of making legal decisions and cannot sign contracts, including a sale deed to sell immovable property owned by them.

Advocate Chikirsha Mohanty LawRato