sale deed executed by mentally unsound person.

2 years ago

Hi,
My step mother is leaving with her brother from last 25 years and she get the possession of land property through civil court. now her brother is trying to sell her property, but she is mentally unsound, but i don't have certificate of her mental illness. what to do i am her legal heir? and i filed partition suit in civil court.
and what i can do if her brother makes her to execute sale deed and takes money?

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.To give opinion, it is necessary to know about the legal heirs of your step mother and from whom she got that property. Mentally unsound person is incapable to make any contract but to prove that her medical report is needed , on the basis of which legal step can be opted but not by a stepson.

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Anonymous

Replied 2 years ago

She got property of her husband(my father) from her adopted son, adoption is said illegal by court, hence she got her husbands property. What can I do I don't have medical certificate? and what if she make a sale deed before I got medical certificate.

Anik

Responded 2 years ago

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A.Dear Client,
No person can enter a contract when he/she is of unsound mind, even if he/she is so temporarily. A contract made by a person of an unsound mind is void. Further, you must consult it to your lawyer.
Thankyou

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Anonymous

Replied 2 years ago

thank you,
but what if she make sale deed before she is proven mentally unsound?

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