Tamil Nadu · Act 49 of 2016

Section 13 — Legal capacity.

The Rights of Persons With Disabilities Act,2016

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13. Legal capacity.—(1) The appropriate Government shall ensure that the persons with disabilities 

have right, equally with others, to own or inherit property, movable or immovable, control their financial 

affairs and have access to bank loans, mortgages and other forms of financial credit. 

(2) The appropriate Government shall ensure that the persons with disabilities enjoy legal capacity on 

an equal basis with others in all aspects of life and have the right to equal recognition everywhere as any 

other person before the law. 

(3) When a conflict of interest arises between a person providing support and a person with disability 

in a particular financial, property or other economic transaction, then such supporting person shall abstain 

from providing support to the person with disability in that transaction: 

Provided that there shall not be a presumption of conflict of interest just on the basis that the 

supporting person is related to the person with disability by blood, affinity or adoption. 

(4) A person with disability may alter, modify or dismantle any support arrangement and seek the 

support of another: 

Provided that such alteration, modification or dismantling shall be prospective in nature and shall not 

nullify any third party transaction entered into by the person with disability with the aforesaid support 

arrangement. 

(5) Any person providing support to the person with disability shall not exercise undue influence and 

shall respect his or her autonomy, dignity and privacy.

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Next · Section 14Provision for guardianship. →All sections / सभी धाराएँThe Rights of Persons With Disabilities Act,2016 →
More sections of this actSection 1 · Short title and commencement.Section 2 · Definitions.Section 3 · Equality and non-discrimination.Section 4 · Women and children with disabilities.Section 5 · Community life.Section 6 · Protection from cruelty and inhuman treatment.Section 7 · Protection from abuse, violence and exploitation.Section 8 · Protection and safety.
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