Unsoun plaintiff
jains
(Querist) 12 October 2019
This query is : Resolved
A woman mentally ill executed a sale deed with respect to a land property in the year 1984. Whether this deed is valid?. As like before she is still mentally ill. Whether she could approach court to get it nullified? What s the procedure?.
Tapal Manjunath Reddy
(Expert) 12 October 2019
Hello, You have not mentioned whether sale deed executed is registered or unregistered..... In general, If the sale deed is unregistered, its invalid in law. However, in case of registered sale deed, a natural Gaurdian of that insane women who is taking care of her interest or a Gaurdian/next friend to be appointed by court to safegaurd her interest in the property, can file a "suit for cancellation of registered sale deed" on behalf of that insane women on the ground of insanity and incompetency of party to the contract in the competent court of law. Appropriate Court fee has to be paid on the sale consideration recited in that registered sale deed.
Please contact your nearest Advocate with all relevant documents and facts for appropriate legal advise..
Dr J C Vashista
(Expert) 13 October 2019
@ Jains,
What is your concern/ locus standi to the question?
Why the question is raised after an elapsed period of 35 years ?
Whether the venodor (seller) was "UNSOUND" mind at the time of execution of Sale Deed in the year 1984 ?
Even if the vendor was "UNSOUND" mind, does it affect the alleged sale transaction vis-a-vis execution/ registration of document?
Whether the vendor is still "UNSOUND" mind?
Prima facie it is an academic exercise.
However, if it is a true story it would be appropriate/advisable to consult a local prudent lawyer for better appreciation of facts/documents, guidance and proceeding.
Dr J C Vashista
(Expert) 13 October 2019
If you are located in Delhi and feel so, you may contact me (on prior appointment) with relevant records at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075; Cell # 9891152939 or visit: vakil-saab.com
P. Venu
(Expert) 13 October 2019
The posting is too speculative to make any meaningful suggestion.
Moreover, you have been making too many a posting. what is the real issue?
