Undue influence
george
(Querist) 22 May 2015
This query is : Resolved
Sirs,
A sale deed instead of Mortgage deed was obtained from my mother by fraud. The actual land area 4500 SF and House area 850 SF.In the sale deed the buyer dishonestly valued 150 Sq feet only in the valuation column and stamp duty is also paid for the 150 Sq.feet area house only .whereas he has valued and paid stamp duty for 4500 SF. i.e 100000 for 150 SF House and 25000 for 4500 SF. He gave 125000 only for mortgage loan. Actual value of the house is 1500000/- (Value of House building only). The house was never intended by my mother for sale.whether the deed can be challenged in court under undue influence under Sec 16 (3) of Indian Contract Act. Because he has cheated by executing sale deed.Sale deed can not be cancelled. Hence Whether the above transaction can be taken as unconscionable transaction or fraud. to make the entire deed as void.
george
(Querist) 24 May 2015
Sirs,
A sale deed instead of Mortgage deed was obtained from my mother by fraud. The actual land area 4500 SF and House area 850 SF.In the sale deed the buyer dishonestly valued 150 Sq feet only in the valuation column and stamp duty is also paid for the 150 Sq.feet area house only .whereas he has valued and paid stamp duty for 4500 SF. i.e 100000 for 150 SF House and 25000 for 4500 SF. He gave 125000 only for mortgage loan. Actual value of the house is 1500000/- (Value of House building only). The house was never intended by my mother for sale.whether the deed can be challenged in court under undue influence under Sec 16 (3) of Indian Contract Act. Because he has cheated by executing sale deed.Sale deed can not be cancelled. Hence Whether the above transaction can be taken as unconscionable transaction or fraud. to make the entire deed as void.
