Sale by a lunatic
s.vinodhbabu@gmail.com
(Querist) 17 November 2011
This query is : Resolved
A Sale deed was executed by number of persons in 19963. It was a Court auction in the High Court. But very recently it came to the knowledge that the first executant of the said sale deed is an insane person. A lunatic proceedings before the same High Court passed a preliminary decree that the particular person is a lunatic for the past 25 years. The High Court order is of the year 1966. The high has come to this decision only after thorough examination of the person before the Court and after the person was thoroughly examined by a government mental hospital admitting the person there for several days. The division bench of the High Court also upheld the medical certificate issued with regard to the said person as valid before law. this parallel lunatic proceeding came to light only recently. Then what is the effect of the said sale deed before law.
prabhakar singh
(Expert) 17 November 2011
Like a minor a lunatic also suffers from INCAPACITY TO ENTER INTO ANY CONTRACT ON HIS OWN HENCE THE SALE IS VOID FROM DAY ONE ON EVIDENCE HIGH LIGHTED BY YOU.
NO ANY OTHER PROOF REQUIRED.
A SUIT OF CANCELLATION OF THE SALE SHALL LIE TO DECLARE THE SALE DEED VOID.
Kirti Kar Tripathi
(Expert) 17 November 2011
I agree with Mr. Prabhakar. The sale to the extent of right of the lunatic person is void.
Guest
(Expert) 17 November 2011
The question arises, what is the year of sale, 1963, 1993 or 1996, as you have quoted the year of sale deed as 19963, which is not correct?
Also, whether the person was lunatic in the year of sale deed, or became afterwards?
In fact your query seems to have several contradictions, as on one hand you have stated that he was lunatic for the past 25 years, which would mean he was not lunatic before the year 1986. On the other you have stated that the order of HC is of 1966, which is after 3 years of the sale deed (1963, if that be). In your query, you have noted the year as 19963, which can be assumed as 1963, 1993 or 1996, as the year 19963 cannot be there.
Can you please clarify, what is the real fact, when the case about his lunacy was initiated before HC, and on which date the Government Mental hospital declared him lunatic?
Any answer of any expert can go wrong in view of such vast contradictions in your own query and can lead you nowhere.
prabhakar singh
(Expert) 17 November 2011
My answer is based on principal of law.
He says sale executed in 19963[i read it1963]
He also says "A lunatic proceedings before the same High Court passed a preliminary decree that the particular person is a lunatic for the past 25 years. The High Court order is of the year 1966. "
My interpretation was that order declaring him lunatic since last 25 years back passed in 1966 shall clearly cover the period of sale 1963 which is just 03 years back lunacy is held since last 25 years that means lunacy is running from 1966-25=1941
so one was suffering from lunacy according to the finding since 1941 to 1966 and still could not be deemed to have capacities to
enter any sale transaction in 1963.
prabhakar singh
(Expert) 17 November 2011
@ M.Sheik Mohammed Ali!
HINDI MAE KAHTE HAIN KI KUCH LOG KABIL HOTE HAIN AUR KUCH KO KABILIYAT KA HAIJA HOTA HAI.
Ye Khuda ka lakh lakh shuqra hai dear ki tum bimar nahi ho kam se kam ham so called jaankaron ki tarh.
Rajeev Kumar
(Expert) 17 November 2011
The sale made by lunatic is void in the eye of law
s.vinodhbabu@gmail.com
(Querist) 17 November 2011
it is 1963. i have typed wrongly as 19993. i am extremely sorry for the inconvenience caused to respectable lawyers who took their precious time to give me a valuable clarification. the fact is the sale took place in 1963. it was a court auction sale by High Court. signature of the first executant (Lunatic)obtained in private residence registration. it was known that the said person (Jayalakshmiammal)was a lunatic. who became lunatic following numerous tragic events happened in the family in the past. right from 1939 when her brother was assassinated. subsequently a petition for inquisition under lunacy act filed in the same High Court in 1966 saying she was incapable and insane for the past 25 years. in the said O.P only Madras High Court held the particular person as lunatic. an appeal that the Court has pre judged and the certificate issued by the Superintendent of mental hospitals is invalid or so was filed. in the appeal also the High Court held that the proceedings have taken place in right manner and the certificate is substantially a valid medical certificate.
s.vinodhbabu@gmail.com
(Querist) 17 November 2011
petition under lunacy act before HC is in 1966. subsequently after repeated order of HC the person was produced before the HC. the judge examine her. after satisfying that she is insane the judge orders that she be admitted in govt mental hospital for proper examination and report. after thorough examination a certificate by superintendent of mental hospitals declaring that she is insane was produced before the HC. then the HC passes a preliminary order or decree that she is an insane person. the appeal against the same and the certificate was also dismissed by the bench.
prabhakar singh
(Expert) 17 November 2011
If the court has held her lunatic in its preliminary to have been a lunatic since past 25 years then the judgement declaring her lunatic is alone sufficient to cancel the sale otherwise if she has been found lunatic certificated lunatic post petition in 1966,then the order declaring her lunatic three year after the sale will have only circumstantial value of evidence and it would be required to prove that on the date of sale she was a lunatic by adducing direct and other circumstancial evidence.
s.vinodhbabu@gmail.com
(Querist) 17 November 2011
sir, the high court has held that she is insane for the past 25 years consequent to many tragedies. there are abundant evidences with regard to the tragic events. because it is a family which is part of the history of french india (Pondicherry). the defendants themselves agreed that she had been suffering from abnormal state of mind.
sir, your reply had been very much helpful for me. it has further confirmed the legal position of sale by lunatic. thank you very much sir.
s.vinodhbabu@gmail.com
(Querist) 17 November 2011
thanks to all respectable lawyers for your valuable clarification.
