Sale on behalf of a Mentally ill Person

Sale on behalf of a Mentally ill Person

This deed of sale made on the …………….. between AB, etc., a mentally ill person represented by and acting through XY etc., manager of his estate appointed by the court (hereinafter called the vendor) which expression shall, when the subject or context allows or admits of, be deemed to include all persons managing the estate and affairs of AB of the one part, etc., and CD son of etc. hereinafter referred to as the purchaser which expression shall etc., etc., his heirs, executors, administrators and representatives of the other part.

Whereas by an inquisition held before the District Judge of ……………. in Case No. ………… of ……….. the vendor was declared to be and confirmed as mentally ill person and by order of the said Judge dated ………. the said XY was appointed as the manager of his estate.

And whereas in pursuance of the said order the said XY took possession of the estate of AB and is now managing the same and all its affairs.

And whereas in course of such administration it having been necessary to raise a sum of Rs. ………. in order to pay off certain debts of the vendor incurred for purchase of food, medicine and necessaries supplied aggregating to Rs. ………. and also to pay for the necessary expenses for the maintenance and support of the vendor and his family relations, the estate having no other resources to meet those liabilities, the said XY as such manager submitted a report to that effect and applied before the said District Judge for permission to sell one of his properties and whereas such sale is to the interest and for the benefit of the vendor.

And whereas by an order dated the ……… the said District Judge after full enquiry about the necessities for such sale authorised the said XY to raise the said sum of Rs. ……… by sale certified such sale as beneficial to the lunatic and of property of the vendor fully mentioned and described in the Schedule hereto on terms contained therein.

And whereas by an agreement in writing dated ……….. the said XY has agreed to sell and the said CD has agreed to purchase the property fully mentioned and described in the schedule hereto at and for the sum of Rs. ………… the same being the highest offer received so far according to the present conditions of the market.

Now this indenture witnesses as follows:

1. In pursuance of the said agreement and in exercise of the power, authority and liberty granted by the order dated …………. as aforesaid and all other powers enabling him and in consideration of the sum of Rs. ………. paid by the said CD the purchaser hereto to the said XY as such manager as aforesaid (the receipt of which the said XY doth hereby and hereunder admit, acknowledge and confirm) he the said AB represented by and acting through the said XY as such manager as aforesaid doth hereby grant, convey, sell, transfer, assign and assure unto and to the purchaser, viz., the said CD the property fully mentioned and described in the schedule hereto and hereinafter referred to as the said property absolutely and forever and that the said XY doth hereby covenant with the purchaser that the said order dated ………… is still in force and virtue and that the said XY has not encumbered the property in any way nor at any time heretofore done, executed, performed or suffered to the contrary any act, deed or thing whereby by reason or means whereof the said property of AB may be in any way prejudiced in title or estate or the said XY prevented from granting, transferring or conveying the said property in the manner hereinbefore indicated.

The Schedule above referred to

In witness whereof the parties hereto have executed these presents on the day, month and year first above-written.

Signed, sealed and delivered by the said AB acting through and represented by said XY as Manager in the presence of:

Signed, sealed and delivered by      the within-named purchaser CD in the presence of:

Memo of Consideration