Law: Civil Procedure Code (V of 1908)

Section: 15

(a) Civil Procedure Code (V of 1908)--- ----O. XXXII, R. 15---Persons with disabilities---Transaction/sale by a deaf and dumb person---Procedural safeguards to protect and safeguard the rights and interests of such persons stated. Any transaction in respect of rights and interests of a person(s) who is hard of hearing and non-verbal, communicates through signs and expressions and is not intellectually disabled, must be in the presence of witnesses who can understand, interpret, and express their views. The witnesses to the transaction should preferably be close relatives or anyone who is fully acquainted with such persons. The witnesses to the transaction should be apprised of the consideration of such transaction. It must be ensured that the persons who deal, assist and witness the transaction have no conflict of interest in the matter. Thus, the authorities before alienating the rights and interests of persons with disabilities must satisfy themselves with regard to the fulfilment of the requirements for a transaction explained herein so that it is free from any influence, misrepresentation or fraud, the amount of consideration is equal to the value of the property and was indeed paid. The reason for such an exercise is to take maximum measures in order to protect and safeguard the rights and interests of such persons. In the present case there is no proof on the record to show that the alleged seller, who was deaf and dumb, was capable to understand the terms and conditions of the agreement, in order to protect his rights. It has not been explained as to whether alleged seller was actually desirous to sell the property in question. Even otherwise, it has not been established whether he being a person hard of hearing and non-verbal, properly understood the offer made to him, whether he accepted the offer and if so, on what terms and conditions. There is no evidence to prove how and when the transaction took place and who witnessed it. The appellants were the best persons to interpret the alleged sellers views and communicate the offer made to him, but no effort was made by the respondent/alleged buyer to associate them or even any other close relative of his…

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