RPAPL 1753 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1751 Sale contrary to will or conveyance prohibited up ARTICLE 17 Special Proceeding For Disposition of Real Property of Infant, Incompetent or Conservatee next SECTION 1755 Proceeds of sale deemed real property Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1753 Effect of disposition Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 17 § 1753. Effect of disposition. A deed, mortgage, release or lease made in good faith, as prescribed in this article, upon an application in behalf of an infant, incompetent person or conservatee, has the same validity and effect as if executed by the person in whose behalf it was executed, and as if the infant were of full age or the incompetent person or conservatee were of sound mind and competent to manage his affairs. It shall be valid and effectual to vest in any purchaser an interest of an infant not in being at the time of the said sale, and any mortgage so executed shall be a valid lien and charge upon the contingent interest of an infant not in being at the time of the execution and delivery of the same. A release of an inchoate right to dower as authorized by this article shall have the same effect as if the wife had joined with the husband in a deed or conveyance of the property affected thereby and had duly acknowledged the same in the manner required by law to pass the estate of married women. The failure to conduct the proceeding strictly in accordance with the provisions of this article shall not invalidate the disposition if the interests of the infant, incompetent person or conservatee have not been prejudiced.