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ShaRa (ggggggg)     25 August 2010

Legal Cosent

I want to know that how legally an unregistered consent would be appreciated by Indian law ? Would Indian law will take it as a fighting evidence? Is unregistered consent document is legally valid by Indian law?



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 2 Replies

SURESHKUMAR.S (ADVOCATE)     02 September 2010

Consent is defined in India under various laws. However, it's legal connotation is derived in "indian Contract Act" . As per , the consent should not be vitiated by, 1) fraud 2) collusion 3) compulsion 4) undue influence. Any 'consent' by way of 'signature' is if subjected to the above mentioned factors, it is deemed as invalid under the eye of law. Registration of the document is a formality to be complied for legal validation.It is governed by another law(preferrably a state law in India). Merely a document is unregistered ,itself cannot be said that the document invalid. And as per TP Act, anything transferred more than Rs. 100, requires Registration. But, non registration is not amounting invalid. its' enforceability is limited. For Ex; a document is signed in other words, it is 'free & voluntarily consented' in a undervalued stamp paper.As well as not registered. I For enforcing the admissibility of the concerned document in court of law, straight away it cannot be legally accepted. But with a penalty of amount, it can be accepted as a valid document.

ShaRa (ggggggg)     06 September 2010

But both the first and second party should be present infront of the registrar?


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