Process of getting mentally ill person declared as person of Unsound Mind
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)?
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
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
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
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
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
A.As suggested below
Helpful
Helpful
Share
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 Advertisement in the NewsPaper along with a Photograph so that your property will not be tempered.
Shanti Ranjan Behera, Advocate
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 Advertisement in the NewsPaper along with a Photograph so that your property will not be tempered.
Shanti Ranjan Behera, Advocate
Helpful
Helpful
Share
Read Related Answers
Tree near boundary
Dear Client,
It is advisable to discuss the issue with your neighbor and try to solve it amicably. If it's not resolved through verbal request, then you can send a legal notice and demand them to make...
Property way dispute
Dear Client,
You need to adhere to the schedule of the property as mentioned in the Sale Deed. As per the sale deed, you are entitled to the common passage area of 9 feet passage. However, suppose the...
Suit for Declaration Clarification
Dear Client,
Chapter VI of the Specific Relief Act 1963 provides for Declaratory Decrees under Section 34 of the Act. Any person entitled to any legal character, or to any right as to any property, ma...
Regarding Preamtion
Dear Client,
We would require more details to precisely answer your question on pre-emption rights. In case, a sale deed is executed for the properties in which you hold shares without your consent, t...
Building house on land assigned for shop
Dear Client,
Generally, it is illegal to construct a house on the land granted for commercial activities or vice-versa without the permission of the local authorities. We would require more details on...
Read Blogs on Civil
Civil Lawyers
Find Lawyers by Location