Legal validity of document executed by a paralysed person

Guest (Querist) 13 September 2015 This query is : Resolved
Dear Seniors,Could you Please Suggest with the Legal Validity of the Document Executed by a Person Suffering with Paralytic attack at the time of Execution.I am fighting on the Grounds of its Invalidity Please.

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N.K.Assumi (Expert) 13 September 2015
Sir, I think there is difference between brain death and physical incapacity. In case o brain death or mental incapacity execution of documents cannot be admissible evidence, but in case of physical incapacity by paralytic person by stroke etc; the same can be executed by a friend or relatives.In your case, you can certainly raise an issue if there was no witness to the execution of the document in issue, executed by paralyzed person.

prabhakar singh (Expert) 13 September 2015
You have not stated facts in detail.Soundness of mind is a presumption unless unsoundness is pre-declared by a competent court.Sometimes physical incapacity may render a person unable to decide freely and to judge the impact of a transaction which is alleged to have been entered by him.
In any case, one will have to prove the grounds taken because any document by the paralytic person can not be held to be void ab Initio.

To grasp law on the topic you are being suggested to go through the following:

http://www.manupatra.com/roundup/325/Articles/Unsoundness%20of%20Mind%20in%20Contract.pdf

Guest (Querist) 13 September 2015
Sincere Thanks To the Seniors Mr.Prabhakar Singh and Mr.N.K.Aussumi.Kind of You Sirs.

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