Contract Act-'Undue Influence' Can't Be Inferred Merely Because Family Member Was Taking Care Of Elderly Person: SC [Read Judgment]
5 years, 6 months ago

Contract Act-'Undue Influence' Can't Be Inferred Merely Because Family Member Was Taking Care Of Elderly Person: SC [Read Judgment]

Live Law  

The Supreme Court, in a judgment delivered on Wednesday, observed that 'undue influence' in execution of contract cannot be inferred merely because a family member was looking after his family elder. In a suit between brothers, it was alleged that the defendants obtained the sale deed from their deceased father fraudulently, by undue influence because of old age and infirmity of the. The bench comprising Justice Navin Sinha and Justice Indira Banerjee observed thus while dismissing an appeal filed by the plaintiffs alleging undue influence exercised by their siblings on deceased father to execute sale deed. Another issue was regarding the undue influence by defendants over the deceased in having the sale deed executed in their favour because of the physical infirmity of the deceased on account of his old age.

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History of this topic

Sale Deed Executed After Adoption By Mother For Pre-Adoption Property Binding On Adopted Child : Supreme Court
2 months, 3 weeks ago

Sale Deed Executed After Adoption By Mother For Pre-Adoption Property Binding On Adopted Child : Supreme Court

Live Law  

The Supreme Court today observed that although a widow female Hindu's adopted child's rights relate to the date of the adoptive father's death, it would not divest the rights acquired by a female Hindu before an adoption. In other words, the court stated that any transaction made by the adoptive mother regarding the suit property acquired by her prior to …

Ownership Over Property Can't Be Claimed When Sale Deed Is Executed By Person Having No Title : Supreme Court
1 year ago

Ownership Over Property Can't Be Claimed When Sale Deed Is Executed By Person Having No Title : Supreme Court

Live Law  

The Supreme Court held that a sale deed executed by the person in the plaintiff's favor wouldn't entitle the plaintiff to claim ownership/possession over such property. Reversing the findings of the High Court which held the plaintiff to be an owner of the property, the Bench Comprising Justices Sanjay Karol and Sanjay Kumar observed that the mere participation of the …

Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court
1 year, 10 months ago

Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court

Live Law  

The Supreme Court bench comprises Justices M.R. Ravikumar has ruled that an inter-se dispute on the validity of the sale deed executed between the defendants in respect of the suit land, cannot be considered in the suit for possession instituted by the plaintiff on the basis of a registered sale deed executed in its favour, as it would amount to …

'Fraud Vitiates Every Solemn Act': Supreme Court Upholds A Trial Court Judgment Which Declared A Registered Gift Deed Void
3 years, 6 months ago

'Fraud Vitiates Every Solemn Act': Supreme Court Upholds A Trial Court Judgment Which Declared A Registered Gift Deed Void

Live Law  

Fraud vitiates every solemn act, remarked the Supreme Court while it upheld a Trial Court judgment which declared a registered gift deed void on the ground of fraud and undue influence.In this case, by a registered gift deed, one Yadunandan Mistri, who was issue-less, gifted an extent of 2.92 acres of land in favour of the wife of his nephew, …

In Absence Of Pleadings, Any Amount Of Evidence Will Not Help The Party In A Civil Suit, Reiterates Supreme Court [Read Judgment]
4 years, 4 months ago

In Absence Of Pleadings, Any Amount Of Evidence Will Not Help The Party In A Civil Suit, Reiterates Supreme Court [Read Judgment]

Live Law  

In absence of pleading, any amount of evidence will not help the party in a civil suit, the Supreme Court has reiterated.In this case, the plaintiff questioned an adoption deed, executed by his father, in favour of defendant in a civil suit. In absence of pleading, any amount of evidence will not help the party in a civil suit, the …

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