Process of getting mentally ill person declared as person of Unsound Mind (2024)

Civil

5 years ago

How to prove if a person is mentally ill so as to admit him in mental health institute and also to restrain him from signing documents that are prejudicial to his interest as well as interest of family, especially when he is not willing to(As per Indian law)?

Previous Question

Next Question

Process of getting mentally ill person declared as person of Unsound Mind (1)

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client kindly go through the provision of mental health act and file application before court.take patient to concerned doctor and submit doctor treatment report into court.

Helpful

Helpful

Share

Process of getting mentally ill person declared as person of Unsound Mind (10)

ROBERT D ROZARIO

Responded 5 years ago

A.Nothing more to be added, Advocate Shanti had advised you well. In addition to that as per Indian Contract Act, 1872, any person of sound mind can make a contract. Section 12 of the Act stipulates that a person is said to be of sound mind for the purpose of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interest. A person, who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. A person, who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind. It means a PMI who is currently free of the psychotic symptoms can make a contract, whereas a person who is currently intoxicated or delirious cannot make a contract.

Helpful

Helpful

Share

Process of getting mentally ill person declared as person of Unsound Mind (11)

Lovepreet Singh

Replied 5 years ago

Thank You sir .

Process of getting mentally ill person declared as person of Unsound Mind (20)

ARPIT BATRA

Responded 5 years ago

A.You can invoke provisions of Mental Health Act and file a petition before the concerned Distict & Sessions Judge

Helpful

Helpful

Share

Process of getting mentally ill person declared as person of Unsound Mind (29)

Ambrose Leo

Responded 5 years ago

A.You can not prove any person mentally ill or unsound of mind, Only the designated authority under the law can declare,you have to contact a Civil Professional Lawyer from panel of Vidhikarya quickly.

Helpful

Helpful

Share

Process of getting mentally ill person declared as person of Unsound Mind (38)

Vishwabandhu

Responded 5 years ago

A.Dear client Tell me what is your relation to that person ? Why r u interested in the case ? How can u say that he is mentally mad ?

Helpful

Helpful

Share

Process of getting mentally ill person declared as person of Unsound Mind (39)

Lovepreet Singh

Replied 5 years ago

Dear sir that person is my father. After every 2 years he suffer through a disorder which completly change his personality. Around 5 months before he was good at everything ( Being Husband,Father) but now after 5 months he is worse at everything also with the passage of time his attitute and behaviour is geting progressively worse. I'm yet a student and my mother has taken my and my sister's responsibility for more than 10 years when he(father)denied to work. till the time she is working in a factory as worker. Around 1 year before he started working in a factory when his mind came to normal state. But around 3 months ago he left work and started a karyana shop at home and started asking(threatening) for money from mother and if she will not give money he will sell our house.
In last month he met an accident at home and somehow got his leg fratured we have taken care of his to recover but due to ahort temper when ever any member of my family say 'No' for any of his un-necessary demands he call ambulance and go to civil hospital and threat us to file FIR against us that we broke his leg.

Kishan Dutt Kalaskar

Responded 5 years ago

View All Answers

A.As suggested below

Helpful

Helpful

Share

Shanti Ranjan Behera

Responded 5 years ago

View All Answers

A.Dear Client,
There is a Law in India called " The Mental Health Care Act,2017 ". Chapter II describes Mental Illness and capacity to make Mental Health care and Treatment decisions.
If you think some of the members of your family having some problem of mental illness, then take him/her to the District Head Quarter Hospital where you will get the Service of a Doctor specialized in Mental Health/Psychiatric.
In any Medical College you will also get a Professor.The hospital further refers to a Regional Specialised Institutions .For example the patients from Odisha are referred to Govt of India run institute ( Training,Reserach and Service Centre) in Kanke,Ranchi, now in Jharkhand or some cases to NIMHANS, Bangalore.
It is always a Team of Doctors who decides and prescribes medicines and keep in the Mental Hospital.The duration varies from case to case depending upon the severity of the case.
The mental health status is declared by the Doctor.
Part-II
If you are apprehending something wrong is going to happen, in that case put an Advertisem*nt in the NewsPaper along with a Photograph so that your property will not be tempered.
Shanti Ranjan Behera, Advocate

Helpful

Helpful

Share

Process of getting mentally ill person declared as person of Unsound Mind (58)

Lovepreet Singh

Replied 5 years ago

Thank You Sir..

Read Related Answers

Ancestral Property suit for partition

Dear Client,When the suit property is sub-judice or pending before the District Court and the instructions/recommendation of the Municipal Authority in place advising structural audit of the dilapida...

how to claim share in fathers property

Dear Client,Your query requires a few specific details e.g. date of disposal of the intestate property, the date when the fact comes to your knowledge etc. to address it suitably. After amendments we...

Family agreement on a plot with a house built on it

Dear Client,In a family settlement agreement, all the parties involved should sign the settlement deed in the presence of witnesses and a notary public to make it legally valid and enforceable. The v...

Old house mud wall

Dear Client,No construction is allowed or permissible on the common wall dividing the boundary and metes of land belong to different owners. When your neighbor files a civil suit and obtains an inju...

Suit for separate possession and property

Dear Client,Here, the source of finance that enables a person to acquire a property defines the character of a property. Since your father acquired the property financed by your grandfather and grand...

Read Blogs on Civil

Process of getting mentally ill person declared as person of Unsound Mind (72)

Civil Suit Journey: Key Stages

Process of getting mentally ill person declared as person of Unsound Mind (73)

Untying the Knot: A Guide to Seamless Dissolution of Partnership

Process of getting mentally ill person declared as person of Unsound Mind (74)

The Law of Tort: A Comprehensive Guide to Civil Wrongs

Process of getting mentally ill person declared as person of Unsound Mind (75)

Unlocking Opportunities: A Step-by-Step Guide to Obtaining a Community Certificate for Your Child in India

Process of getting mentally ill person declared as person of Unsound Mind (76)

Uniform Civil Code

Civil Lawyers

Process of getting mentally ill person declared as person of Unsound Mind (77)

Abhimanyu Shandilya

Kolkata

View Full Profile

Process of getting mentally ill person declared as person of Unsound Mind (78)

Anik

Bangalore

View Full Profile

Process of getting mentally ill person declared as person of Unsound Mind (79)

Anish Palkar

Mumbai suburban

View Full Profile

Process of getting mentally ill person declared as person of Unsound Mind (80)

Prabhakara S K Shetty

Bangalore

View Full Profile

Process of getting mentally ill person declared as person of Unsound Mind (81)

Arvind Tripathi

Allahabad

View Full Profile

Process of getting mentally ill person declared as person of Unsound Mind (2024)
Top Articles
Latest Posts
Article information

Author: Roderick King

Last Updated:

Views: 6164

Rating: 4 / 5 (71 voted)

Reviews: 94% of readers found this page helpful

Author information

Name: Roderick King

Birthday: 1997-10-09

Address: 3782 Madge Knoll, East Dudley, MA 63913

Phone: +2521695290067

Job: Customer Sales Coordinator

Hobby: Gunsmithing, Embroidery, Parkour, Kitesurfing, Rock climbing, Sand art, Beekeeping

Introduction: My name is Roderick King, I am a cute, splendid, excited, perfect, gentle, funny, vivacious person who loves writing and wants to share my knowledge and understanding with you.