You should have filed FIR. File now. Approch High court immediate releif and appoint you guardian of uncle.
2 years without stay or interim releif is not a good proceeding.
Can any court can issue notice to mentall upy challenged person and case proceedings cam be executed
My uncle is mentally unstable since 1970. Even though, local revenue office and my another uncle with forged documents made land partition. When I appeal to SDM and DM office, they issued notices to Mentally unstable uncle and case proceedings executed by court for two years. Whether this is legally OK. This matter is in Gujarat.
Asked 5 years ago in Property Law
Religion: Hindu
15 Answers
Obtain medical certificate that uncle is not medically fit
apply to court to be appointed as his guardian
Sir, But any govt authority can execute a case in a court against Mentally Challenged person ?
Asked 5 years ago
You should after being appointed as guardian by court co test the suit proceedings as uncle is not mentally fit to contest case
No case maintianable agasint mental disabled person. Notice issue to him are void.
Without knowing the nature of the case its very difficult to comment on its maintainability.
There is no restraint on public authority to file a case on an individual.
However if the litigant is a mentally unfit person then he can not be sued unless represented by his legal representative or next friend.
A mentally challenged person cannot sue or be sued.
If there's any case filed against him, his relatives can file an application disclosing his mental status supported by medical records and can get the case either filed against his legal heirs or to get it dismissed.
A mentally challenged person cannot be sued even by government authorities.
Executive Magistrate, Sub Divisional Magistrate, District Magistrate and Secretary Revenue appeal executed court proceeding against N Mentally challenged person. Which IPC is applicable for prosecution against Government Authorities.
Asked 5 years ago
They acted during course of duties
no need to prosecute the authorities
There is excemption of prosecution agaisnt person of unsound mind. Nothing is an offence which is done by a person who at that time of performing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
But no law to prosecute govt. Authorities. It should be informed to them that person in disabled mentally so tribunal may appoint guardian to defend his case.
If you have received notice to the mentally challenged person from the government authority concerned, as his relative cum representative, you may file an application revealing the facts of his mental illness supported by documentary evidences seeking to abandon the case filed against the mentally retarded person.
You cannot take action against the government because until is not officially informed about the mental status of the person being sued by the government, it may not be possible to stop the government agency from prosecuting the mentally challenged person.
- Yes, a court can issue notice to a person who is mentally sick through an appointed guardian , until the court satisfied that the said person is unsound mind , as a case cannot be filed against a mentally disturbed person.
- Further , that guardian can produce the evidence , as under the Mental Health Act, court is bound to seek a report that the said person is mentally unsound or not.
- However, cannot execute a case without getting the said report or opinion, and if already informed for the same.
- Since, the said government authority has already executed the case , then it can be challenged by any person /relative on his behalf , and to set aside/cancel that execution proceedings.
Prefer appeal against such order. Running after government authorities will not do.
Notice can only be issued if court is not aware of the same. Otherwise court will not issue him but his legal guardian
What case have they instituted against your uncle? You should state complete facts.
Dear Sir/madam,
From your input, it is clear that your mentally sick uncle is victim of fraud and ill will and in these conditions, you may approach the courts where the cases are pending with the certificates or proof of medical treatment of the said uncle and pray for the cancellation of the proceedings against him. If not cancelled by them, approach high court with writ petition.
