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intexsuperb (-)     10 June 2011

Forced to sign on documents

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???


 

   



Learning

 7 Replies


(Guest)

@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.

Sandeep Bhargava (Advocate & Notary)     11 June 2011

I also agree with vyas ji

sweta singh (n/a)     11 June 2011

yup i agree with vyas ji tat consent forcefully taken on a document is not legal...but u wil also hav 2 prove tat the sign was taken forcefully........

ramprasad reddy. pottipati (Lawyer)     24 June 2011

Even u can file a criminal case under section 384 I.P.C Extortion.

Deepak Vasudevan (Tech Architect)     28 June 2011

Whoa. The moment you say 'forced to sign' the agreement shalt become NULL and VOID because any agreement has a clause like 'not under duress'.

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     28 June 2011

Dear,

you have to complain before the concerned police station regarding the kidnap and launch criminal case against them narrating the enire facts including the forceful execution of document. At the same time you have to file a civil suit to get the document declared null and void stating that the document has been executed by you is the result of criminal force. If you makes any delay in doing the above said will put you in trouble at the later stage and you cant answer the dealy caused by you to asking legal remedy and presumed to be the document is a good one and you are falsyfying and fabricating the story.

SANJEEV KUMAR (STUDENT)     03 July 2011

Dear

I fully agree with Menon. Something convincing is required to establish the case that sign was taken forcible. If police compliant and investigation is not done the how you will establish in court of law that sign was taken forciblly. Any body or signatory can say this later on due to certain reasons.

Proper ground be prepred for establishing ur case of forcible sign.

sanjeev


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