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Undue Influence Sec.16 & 19-A
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Sec.16 : Undue Influence1 A contract is said to be induced by undue influence Where the relations subsisting between the parties are Such that one of the parties is in a position to DOMINATE The will of the others & uses that position to obtain an unfair Advantage over the other.
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Undue influence when presumed Sec.162
Rules of Presumptions: A person is deemed to be in a position to dominate the will of another: i) Where he holds a Real or Apparent authority over the other or where he stands in a Fiduciary relation to the other or
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capacity is temporarily or permanently affected by reason
ii) Where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of Age, Illness or mental or bodily distress
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Consequences of undue influence(Sec.19-A)
Burden of proof (Sec.16[3]) Presumption of undue influence not accepted Contract with a Pardanashin Women
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