Requirement of signature of an insane legal heir for sale of property
18-Jan-2023 (In Property Law)
I have two sisters and one brother. My brother, sisters, father and me In legal heir after my mother's dead and still the house document is in my mother's name. One of my sister is mentally disorder since 2008. I am not able to care about her. So I want to put her in mental disorder home. Is her signature needed for any civil process or selling the land?.
A person of unsound mind is incompetent to execute any contract. However, even in such cases, contracts signed during lucid intervals are legally valid. In your case, if your sister has any such lucid intervals, she may sign any legal document.
In the mentioned property all children have equal share . When a person is mentally ill that person has to be taken care by a guardian and that guardian can give a valid discharge on behalf of the minor.
Since she is not mentally fit under law she can not sign any documents. Therefore before you attempt to sell the property talk with your buyer and disclose this vital information to them. If they agree to take your sister's signature it is their risk and you keep quiet or else you need to move the court for getting an order to dispense with the signature of your sister etc.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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