Sale of property of person of unsound mind

Querist : Anonymous (Querist) 28 August 2020 This query is : Resolved
A person of unsound mind have agriculture land in his name. what procedure should be followed for management and sale of his property ?

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Discussions clarify that selling property belonging to a person of unsound mind requires a legally appointed guardian. If no guardian exists, the court must appoint one. The sale itself necessitates prior permission from the court, with specific acts like the Mental Health Care Act, 1917, and the National Trust Act, 1999, potentially governing the process. Providing all relevant case facts is crucial for specific legal guidance.

kavksatyanarayana (Expert) 28 August 2020
If there is no guardian to date legally, then you pray the Court concerned to appoint a legal guardian to the unsound mind person. Consult a local advocate.

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Dr J C Vashista (Expert) 29 August 2020
Who is the person with unsound mind and what is your locus standi / concern ?

Dr J C Vashista (Expert) 29 August 2020
In order to learn procedure for management and sale of property of an unsound mind person you will have to study and practice law, which can not be obliged on this platform.

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Shilesh Patel (Expert) 29 August 2020
Incomplete fact but only a guardian can sell the property of the person if no guardian of that said property seek the help of the court to appoint a guardian and sell the property.

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Guest (Expert) 29 August 2020
Consent of Court would be mandatory

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Isaac Gabriel (Expert) 29 August 2020
It is the prorogative of the guadian of the unsound to move the court for authoriy to dispose the property.

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P. Venu (Expert) 29 August 2020
You have not posted the complete facts.

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Rajendra K Goyal (Expert) 29 August 2020
In absence of legal guardian, guardian has to be appointed by the court. Property can be sold after the permission from court.

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Querist : Anonymous (Querist) 29 August 2020
Respected experts
I am an advocate practicing at Hanumangarh (Rajasthan). I am having the problem that in which act and section it can be applied for seeking permission to sell the property of person of unsound mind.Please provide me the relevant act and provision.
Thanks

Rajendra K Goyal (Expert) 30 August 2020
Take the guidance from some senior Advocate, or search google.

Querist : Anonymous (Querist) 30 August 2020
Thanks for Advise.I asked you to assume as Senior Advocate.

Querist : Anonymous (Querist) 30 August 2020
I thought that this forum is also for assistance to advocate also.

Rajendra K Goyal (Expert) 31 August 2020
Sorry wrongly posted, removed.

P. Venu (Expert) 31 August 2020
It is impossible to make any meaningful suggestion unless you post all the material facts clearly bringing out the issues.

Rajendra K Goyal (Expert) 01 September 2020
The Mental Health Act, 1987, makes provisions with respect to taking care of the estate of a person who is mentally challenged.
Any contract with respect to such a property can be entered into by the manager who has been duly appointed and given directions by the district court for the same. It is mandatory to obtain the order of the concerned district court before anyone enters into any contract with respect to the property owned by a person suffering from mental illness.

Indian Lunancy Act
Section 75 of the Act empowers the manager to transfer the property with the permission of the Court. Proviso to Section 75 imposes a curb on the power of the manager to effect a sale. In this case, sale in favour of petitioners was not by the manager but by Swaran Singh who had been declared as a person of unsound mind.
P & H High court in Jodh Singh And Ors. vs The Registrar, (Deputy ... on 27 September, 1998 Equivalent citations: (1999) 121 PLR 29

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Querist : Anonymous (Querist) 01 September 2020
Respected Sir
Both The Mental Health Act 1987 and Indian Lunancy Act 1912 has repealed. Please guide me if i can apply in
THE NATIONAL TRUST FOR WELFARE OF PERSONS WITH AUTISM, CEREBRAL PALSY, MENTAL
RETARDATION AND MULTIPLE DISABILITIES ACT, 1999.
Thanks

Querist : Anonymous (Querist) 01 September 2020
Respected Sir
Both The Mental Health Act 1987 and Indian Lunancy Act 1912 has repealed. Please guide me if i can apply in
National Trust Act 1999
Thanks

Querist : Anonymous (Querist) 01 September 2020
Sorry the query has been post so many times. it is not intentional

P. Venu (Expert) 01 September 2020
You are yet to post the relevant facts. In the absence of facts, it is meaningless to harp on laws that could be applied.

Querist : Anonymous (Querist) 03 September 2020
Respected Expert
What kind of fact you want ?
As you all suggested before that there must be prior permission for sale of property of person of unsound
mind.So the query is clear that in which act and section i should apply for that permission and before
which Court or Authority.

P. Venu (Expert) 03 September 2020
Does it mean that this is a mere hypothetical query?

Rajendra K Goyal (Expert) 03 September 2020
Now Mental Health Care Act 1917 has replaced old Act i.e Mental Health act 1987 and Indian Lunacy Act 1912. Sorry, for inconvenience.

Querist : Anonymous (Querist) 03 September 2020
Respected Venu Sir,
This is not a hypothetical query. As i mentioned before that i am an Advocate practicing at Hanumangarh (Rajasthan) and i want this knowledge for my case. Please guide me if you can?
Thanks

P. Venu (Expert) 05 September 2020
If so, once again I am requesting you to post the relevant and material facts.

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