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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???



 5 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.

Ravikant Soni (LAWYER IN JAIPUR)     10 June 2011

Agreement without free consent not legally enforceble and voidable on instance of party so agreeing.


(Guest)

It is not said to be a free consent and thus void(my mistake)

Yes, its voidable.

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


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