Hello sir my name is xxx... i have many doubts in our law. let me ask u the first one,
If any one is kidnapped and forced to sign on his property transfer documents ,then will that documents be legal???? will he loose that property???
intexsuperb (-) 10 June 2011
Hello sir my name is xxx... i have many doubts in our law. let me ask u the first one,
If any one is kidnapped and forced to sign on his property transfer documents ,then will that documents be legal???? will he loose that property???
@intexsuperb
If any one is kidnapped and forced to sign on his property transfer documents ,then will that documents be legal????
No,its not legal.
It is not said to be a free consent and thus void.He has to establish that the consent is taken forcefully.
Read section 14 of the Indian Contract Act,1872
14- "Free consent" defined.-Consent is said to be free when it is not caused by –
(1) coercion, as defined in section 15, or
(2) undue influence, as defined in section 16, or
(3) fraud, as defined in section 17, or
(4) misrepresentation, as defined in section 18, or
(5) mistake, subject to the provisions of sections 20, 21 and 22.
Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.
Ravikant Soni (LAWYER IN JAIPUR) 10 June 2011
Agreement without free consent not legally enforceble and voidable on instance of party so agreeing.
suguna prasad kalvala (advocate) 10 June 2011
hello To prove that the agreement as voidable you need to file a police complaint and as however it being un registared you will have case to win suguna prasad kalvala cell 9949995476
M.A.T.Ganesan (lawyer civil &family laws) 11 June 2011
if it is forced, you have to prove force(coercion) and then only the document is void