- UNDER SECTION 16 INDIAN CONTRACT ACT 1872
- Bench: Mitter, G.K.
Facts:
- The plaintiff’s father, Prasanna Kumar, owned certain lands in two villages. The father had 2 sons, the other one being the Respondent i.e. Ganga Prasad
- The father formulated a deed in favour of his grandson out of love and affection which excluded any share in the property for his 2 sons
- The father died at the age of 90 and after 4 years of his death, a suit was filed by one of his sons claiming that the deed was executed under undue influence
ISSUE:
- Whether the gift deed entered between the executor and his grandson can be cancelled or held invalid
APPELLANT’s CONTENTIONS:
- That the deed was made voluntarily, in good faith by the executor and without presumption of any undue influence
RESPONDENT’s CONTENTIONS
- That the executor of the deed was subject to senile decay and was not sound-minded to execute the deed
- That the Appellant took undue advantage and influenced the executor to formulate the deed in favour of the Appellant
JUDGEMENT:
The Supreme Court allowed the appeal and held that there was no presumption of undue influence being used in this case. In case it was to be proved, the burden lies on the person who is in a position of power to influence the executor. The deed was executed out of love and affection and the authenticity of the deed cannot be challenged as being influenced.
