can lunatic sell property
Querist :
Anonymous
(Querist) 23 July 2011
This query is : Resolved
sir, we have disputed property ,and have stayorder not to sell property without court permission .this order is for vinay (uncle),because the property was purchased by funds of my grandfather,and in the name of my grandmother and one lunatic uncle.my grandmother is no more,than the property disputed in court.but before ,2 years one of vinay sell the disputed property without court permission.he take signature of lunatic uncle and sell the property.sir i want to know that which sections, are for such crime,or both party(seller,buyer) are same liable for this.
A V Vishal
(Expert) 23 July 2011
The sale of a property of a lunatic person without a proper court order is void.
prabhakar singh
(Expert) 23 July 2011
A SALE CAN BE EXECUTED ONLY BY A PERSON CAPABLE TO GIVE FREE CONSENT,WHICH A MINOR and LUNATIC CAN NOT ,THEREFORE COURT IS WARD OF THEIR RIGHTS,WITHOUT WHOSE PERMISSION NO SALE COULD BE LEGALLY MADE,IN CASE OF MINOR IT IS VOIDABLE AT HIS OPTION WHEN HE ATTAINS MAJORITY BUT IN CASE OF A LUNATIC IT IS VOID AB INITIO,THAT IS FROM THE VERY DATE OF TRANSACTION,NO RIGHT PASSES TO BUYER AT ALL IN SUCH A CASE OF TRANSFER BY A LUNATIC.
Sajeev Menon
(Expert) 23 July 2011
You can file a civil suit to make the transaction null and void by proving as the personal exected that document is a lunatic.
Ravikant Soni
(Expert) 23 July 2011
It would treated at par as a contract with minor.
