• Registration done while the seller is in mental rehab

I was an inpatient in mental rehab centre from 02/12/2015 to 11/02/2016. On 31/12/2015 our family friend took me to sell my plot and I was sedated and don't remember anything. Also I did not get any payment for the plot. 
Can I file a case in the court to cancel that registration. I was diagnosed with schizophrenia at that time. What evidence do I need to start the legal process. My mother gave authorization to get me out for one day. She has passed away in Sep 2016. Will a doctor's letter suffice as an evidence or do I need the discharge summary also...Thanks
Asked 5 years ago in Property Law
Religion: Hindu

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26 Answers

Complete medical documents, diagnosis, prescription will be attach along with medical history and doctor opinion will require to prove that sale was executed by playing fraud and in unconscious condition and sale proceed also embezzled by him.

Also file criminal complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1) you can file suit to set aside sale deed fraudulently executed 

 

2) rely upon your medical certificate that you were suffering from mental illness at that time 

 

3) rely upon hospital discharge summary report 

 

4) delay of 3 years in taking legal proceedings has to be explained by you 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Yes you can file case of cheating against friend and seller in the police station and people at subregistrar office and cancellation of sale deed before the civil court.

You need complete record ,doctor certificate for illness and you discharge and admission record.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Yes, you may make a complaint against the person who took advantage of of your illness. 

You may show you discharge report and treatment history. 

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

You can go for cancellation of the said agreement on basis of the said certificate before civil court

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Hello, 

Yes you can file a civil suit for cancellation of the sale deed on the ground of mental illness 

Get the recommendation of the doctor and also the tenure of your admission in the hospital 

Get in touch with a local advocate who may file the same for you

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You would need to file suit for cancellation of sale on the grounds of that the same was procured when you were not in a fit state of mind and under very suspicious circumstances.

You would need discharge summary as well as all the medical documents which can prove that you were suffering from schizophrenia at the time of execution of sale deed in order to effect such cancellation from court.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Dear client 

The sales deed is likely to get null and void as and when you file a case regarding the same in the civil court. 

For that you required all your medical history like for what period you were admitted in rehab centre and type of medicine that where given to you by doctors which means your complete medical history regarding this disease. 

And also get a certificate from the doctor as well.

And my suggestion is that you should also file criminal case against the buyer and your friend regarding the sale done by fraud and by toxicating you by drugs during the transfer of property 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You have to file a suit for cancellation of the sale deed on the ground that it is forged. 

You can also file complaint against them u/s 420,468 of ipc. 

Pls contact local lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hi,

As per the inputs given by you, you were not in position to give free consent and hence the registration should be cancelled. Your medical treatment proof and discharge summery would be sufficient proof. But, you are advised to read the paper either yourself or through expert for coming to conclusion as direct proof. If required, the treating doctor of that time may be called for evidence in case. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

With all your medical records as evidence approach civil court to cancel the sale.

Regards 

G.Rajaganapathy 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

The registration of any deed concerned with the immovable property during the time when you are not mentally capable of signing the documents can be considered as invalid and the an illegal act.

You can obtain the documentary evidence of your mental health status and the treatment particulars during that period and file a sit for cancellation of the registered sale deed. If the suit is barred by limitation you can mention that you came to the knowledge about this fraudulent transaction only recently and you are filing the suit within three years from the date of knowledge of this transaction.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Delay can be condoned by the court if there is any reasonable excuse for not approaching the court. 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You are entitled to hospital discharge report 

 

hospital cannot deny you discharge report 

 

you have to explain delay in filing suit 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Yes.the court can ask hospital to submit the complete record , see.for dealy you can give reason of.knowledge that this has come to your notice know only.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You need to submit the same with your delay Condonation application. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

You can mention the date of admission and discharge from hospital and you can procure the hospital treatment particulars including your discharge summary through court if the hospital authorities deny to furnish the same at your request.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Hi,

You must have a valid and sufficient reason to justify the delay of 3 years. It is quite possible that you may have such reasons but you are unable to explore them at this moment . You are suggested to discuss the matter with your reliable person to explore the things. One reason may be your medical treatment, other may mother's sickness followed by death and other reasons as well.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

you can obtain discharge summary report from hospital. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file an application for condonation of delay on grounds of your medical condition you are suffering.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

1) if you had executed sale deed in December 2015 suit if any ought to have been filed within period of 3 years 

 

2) you have to prove you were mentally unfit to execute sale deed at that time 

 

3) enclose medical reports of your mental illness 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

You mention the same reason that you were not aware of the same since you were in a mental rehabilitation centre.

You can produce the discharge summary before court to prove your case.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Hi,

As advised to you, the stated reasons by you in terms of medical treatment, mother's health and death etc. will be sufficient reasons to satisfy court as reason of delay.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

See you can use knowledge as ground of delay that it came to your knowledge recently only on that you can file a suit. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

That is a good point that you had no knowledge of registration and when we got the knowledge you filed the same

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Make these points only in the delay application 

Delay is of  1.5 years approx, because the time elapsed after three years from the date of accrual of the cause of action is calculated. 

 

Regards 

 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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