(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 legally incompetent.
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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 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.