crux of the problem:
is there any document which I can carry to my cousins home and get their signature that would act as estopple and will not require to go to the registration office.
My grandfather were 4 brothers including my grandfather,all 4 jointly owned a property of 8 acres,in which no crop is grown(meaning till today nobody on ground has possession of the said property nobody grows anything),
one of my grandfather's brother took signatures of my grandfather for partition. but later when My grandfather in order to check which part is alotted to whom ,checked revenue records he found out that part 1 was in brother 1 name,
And part2 was in brother 2 name
and part 3 was in brother 3 name
and part4 was in the name of brother 1,2,3 meaning no part was alloted in my grandfather's name .
He didn't said anything to their brothers since he wanted to maintain peaceful relation among the family
but my uncle(younger son of my grandfather) 12 -13 years back raised this issue infront of one of my grandfather's brother and also got his signature on the proposal passed by panchayat that the part4 (which is currently in the name of brother 1,2,3)solely belongs to my grandfather and the same should be rectified in revenue records.
The main element of any agreement or contract is consent of the parties to it. According to section 14 of the ICA i.e. Indian Contract Act 1872 both the parties need to have a free consent towards the agreement or contract their entering into.
It further states that a consent is risen when two or more people agree upon same thing/subject in same sense, as per sec 13 of ICA.
In order to have a valid agreement or contract the consent should be free, which means the consent of the parties should not be obtained by indulgence of -
1.) Coercion (defined under section 15, ICA)
2.) Undue Influence (defined under section 16, ICA)
3.) Fraud (defined under section 17, ICA)
4.) Misrepresentation (defined under section 18, ICA) and
5.) Mistake (defined under section 20, 21 and 22 of ICA).
Any contract or agreement is said to be Void if the consent of the parties have been obtained with the use of any element as mentioned above.
Therefore, obtaining signature isn't something illegal or false, but if you obtain signatures of your cousin's (for property matter) without their consent or if you've obtained their consent with the use of any element as explained above, then your transfer of property could be justified as void and you may be held liable for fraud and cheating.
Thus, before obtaining their signatures you must acknowledge them about the true and valid reason for doing so such that in later part of life you're not held liable for any offence.
