Vikas Rathod (RM) 09 January 2013

Property sale under mental health act and guardian act

I want to Know the If A and B are the joint holder of a property and B is Mentally retarded by birth. And before getting guardian certificate from court and also without prior permission of court. If property is been sold by 'A' any how. Now the purchaser of the property is not able to transfer the property in name at municipal office as municipal is asking for the certificate as well as permission of court.

So what could be the outcome of the case if purchaser appeals in court against Mr. 'A'.

Reply Follow

4 Replies

Chetan Joshi (Advisory/Advocacy) 11 January 2013

How was the sale completed without the due requirements?...The sale shall be void in the absence of permission....If the buyer was aware of the fact of joint ownership then the sale shall be void and if he was falsely represented then he may sue for damages....

Regards

Chetan(dot)7679(at)gmail(dot)com

Vikas Rathod (RM) 11 January 2013

No, he was no misinformed, purchaser was well informed and aware about the joint holding. The advocate who made the deal by giving bribe in the municipal corporation. Even Seller furnished the Mentally retarded certificate of 'B' along with the proof while making the sale deed.

So seller 'A' didnt kept any information hided from purchaser but advocate knew that this deal cant be happen but he made it any how.

Now in local municipal office asking for guardianship certificate and permission to transfer the name.

So what can be the out come of the case if purchaser sue to A.