Section 33: To be considered incompetency

1) Notwithstanding anything contained in Section 32, a person who has not attained ten years of age, or even if attained that age, is unable to protect his or her right and interest for the reason of unsoundness of mind shall be considered to be of legal incompetency.

Explanation: For the purposes of this Act, the term “unsoundness of mind” means the condition of being incapable, due to physical and mental ill health, of knowing the act done by oneself in general understanding and the consequences thereof.

2) An incompetent person does not have to bear any type of legal obligation, and while exercising a right, it has to be exercised, or cause to be exercised, only with the consent of the guardian or curator or through the guardian or curator, as the case may be.

3) In executing a document on behalf of an incompetent person, it shall be executed, or caused to be executed, through his or her guardian or curator, as the case may be.