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A contract is said to be induced by 'undue influence' where the relations between the parties are such that one can dominate the will of the other and uses that position to obtain an unfair advantage. ["2024 0 Supreme(Ker) 1449"], ["
KARTHI KEYAN MUNIANDI LWN. LEMBAGA KUMPULAN WANG SIMPANAN PEKERJA & SATU LAGI - Mahkamah Tinggi Malaya Kuala Lumpur
"]Legal framework:
KARTHI KEYAN MUNIANDI LWN. LEMBAGA KUMPULAN WANG SIMPANAN PEKERJA & SATU LAGI - Mahkamah Tinggi Malaya Kuala Lumpur
"]To amount to undue influence, the influence exercised must be coercion, i.e., compelled the testator to do something he did not want to do. ["
CROOS v. CROOS
"], ["ANDRADO v. SILVA et al.
"]In cases of presumed undue influence, courts assume undue influence exists based on the nature of the relationship, shifting the burden to the defendant to prove that influence was not undue.
Undue influence cases are classified into those where influence must be proved affirmatively and those where it is presumed. ["
KARTHI KEYAN MUNIANDI LWN. LEMBAGA KUMPULAN WANG SIMPANAN PEKERJA & SATU LAGI - Mahkamah Tinggi Malaya Kuala Lumpur
"]The proof involves demonstrating that the influence was of such a nature that it overpowered the free will of the influenced party, often requiring evidence of coercion or dominance.
PELPOLA v. GUNAWARDENA R.S.S.
"], ["TAN LENG KEAT vs TAN YUNG QUAN & ORS AND ANOTHER CASE - High Court Malaya Pulau Pinang
"]Cases of actual undue influence require proof that undue influence was exercised to obtain an unfair advantage. ["
CROOS v. CROOS
"], ["2025 Supreme(Online)(Ker) 54039"]Presumed undue influence: When the relationship itself creates a presumption, such as between solicitor and client, doctor and patient, or guardian and ward, where undue influence is presumed unless disproved.
KARTHI KEYAN MUNIANDI LWN. LEMBAGA KUMPULAN WANG SIMPANAN PEKERJA & SATU LAGI - Mahkamah Tinggi Malaya Kuala Lumpur
"]Consent obtained through undue influence makes a contract voidable. ["2024 0 Supreme(Ker) 1449"], ["
KARTHI KEYAN MUNIANDI LWN. LEMBAGA KUMPULAN WANG SIMPANAN PEKERJA & SATU LAGI - Mahkamah Tinggi Malaya Kuala Lumpur
"]Evidence of undue influence can be used to invalidate wills, gift deeds, settlement deeds, and other legal acts.
CROOS v. CROOS
"], ["2025 Supreme(Online)(Ker) 54039"]Undue influence involves improper, coercive, or overpowering influence exerted by one party over another, often in a relationship of trust or dominance. It can lead to the annulment of legal acts or contracts if proven, with the burden of proof varying depending on whether influence is actual or presumed. The key element is that the influence must amount to coercion, compelling the influenced party to act against their free will.
References:- ["2024 0 Supreme(Ker) 1449"]- ["
CROOS v. CROOS
"]- ["ANDRADO v. SILVA et al.
"]- ["PELPOLA v. GUNAWARDENA R.S.S.
"]- ["2025 Supreme(Online)(Ker) 54039"]- ["KARTHI KEYAN MUNIANDI LWN. LEMBAGA KUMPULAN WANG SIMPANAN PEKERJA & SATU LAGI - Mahkamah Tinggi Malaya Kuala Lumpur
"]- ["TAN LENG KEAT vs TAN YUNG QUAN & ORS AND ANOTHER CASE - High Court Malaya Pulau Pinang
"]
Imagine an elderly parent signing over their property to a child who has been their primary caregiver. Was it a heartfelt gift, or was it the result of subtle pressure that overpowered their ? This is where the legal doctrine of comes into play. If you've ever wondered, what is , this comprehensive guide breaks it down, focusing primarily on Indian law. We'll explore its definition, key principles, judicial interpretations, and real-world implications.
Note: This article provides general information and is not a substitute for professional legal advice. Consult a qualified lawyer for your specific situation.
refers to the unfair or improper exercise of influence over another person, compromising their and in legal transactions. Under , it is explicitly defined, providing a framework for presumption and proof. The section states that consent is said to be caused by when the relations between the parties are such that one is in a position to dominate the will of the other, and uses that position to obtain an unfair advantage. 1912 0 Supreme(Mad) 622
To establish , several core elements typically must be present:
As one source notes, does not connote excessive, inordinate or disproportionate influence but something wrongful. Acts of sometime range themselves under either or . 2013 0 Supreme(All) 981
Indian courts often presume in certain relationships, shifting the burden to the beneficiary to prove the transaction was voluntary.
The burden initially lies on the alleging party, but presumptions can shift it. The burden of proving a fact rests on party who substantially asserts—Until such burden is discharged—Other party is not required to be called upon to prove his case. 2013 0 Supreme(All) 981
Courts emphasize precise pleadings and evidence. Vague claims won't suffice; full particulars of the relationship, dominance, and pressure are required. 2008 0 Supreme(HP) 87 1999 0 Supreme(MP) 806
In , the clarified: The prefix 'undue' indicates that there must be some abuse of influence. 2016 0 Supreme(Megh) 115 This distinguishes it from legitimate persuasion.
Contracts under are voidable at the influenced party's option. Malaysian cases under echo this: A Family Settlement Agreement was voidable due to and by a father on his daughter-in-law.
Gifts via can be revoked, and wills challenged. Gifts obtained through are subject to revocation. 1964 0 Supreme(Raj) 66 Wills may be set aside if influence overpowered . 2008 0 Supreme(HP) 87
In a settlement deed challenge, insufficient evidence failed to rebut the presumption of validity for registered documents.
Even in elections, under , as a corrupt practice requires abuse, not mere persuasion: '' is used in contra distinction to 'proper influence'. 2014 0 Supreme(Kar) 192
A sale-deed cancellation highlighted: Domination of a weak mind by strong mind—To an extent which causes behaviour of weaker person to assume an unnatural character. 2013 0 Supreme(All) 981
Success hinges on:
Settlement agreements are enforceable unless proven voidable: A Settlement Agreement is enforceable unless proven voidable due to duress or , with the on the party alleging such claims.
protects vulnerable parties from exploitation in contracts, gifts, wills, and more. Characterized by abused relationships leading to unfair gains, it renders transactions voidable upon proof. Indian courts demand precise evidence and uphold presumptions in , ensuring justice.
Key Takeaways:- Look for trust relationships and vulnerability.- Presumptions shift burdens in suspect cases.- Always plead and prove with specifics.- Seek in high-stakes dealings.
By understanding , you can safeguard your interests or challenge suspect deals. For personalized guidance, reach out to a legal expert.
Sources Referenced: 1927 0 Supreme(All) 256 1900 0 Supreme(SC) 1 1964 0 Supreme(Raj) 66 1912 0 Supreme(Mad) 622 2012 0 Supreme(HP) 127 2008 0 Supreme(HP) 87 1999 0 Supreme(MP) 806 2020 0 Supreme(Del) 10
Ircon International Limited vs C.R. Sons Builders and Development Pvt. Ltd. - (2020)
2009 0 Supreme(P&H) 366 1980 0 Supreme(Cal) 295 2011 0 Supreme(HP) 25522016 0 Supreme(Megh) 115 2014 0 Supreme(Kar) 192 2013 0 Supreme(All) 981 #UndueInfluence, #IndianLaw, #ContractLaw
have committed undue influence. ... to have committed undue influence. ... One more minor point remains, namely, that in the third and fourth instances of undue influence, a blank space has been left under the column head " nature of the acts of undue influence ". Here again, I accept Mr. ... When undue influence....
The law as to undue influence in the case of a gift inter vivos is the same as in the case of a contract. It is embodied in Section 16 of the Indian Contract Act. Sub-section (1) of Section 16 defines 'undue influence' in general terms. ... Therefore, it is for the defendants to prove that the gift deeds were not vitiated by undue influence. The defendants failed to adduce any evidence t....
Last will-Unsound mini-Undue influence. To impeach a will on the ground of undue influence, it must be proved . that the influence exercised amounted to coercion, i.e., compelled the testator to do something he did not want to do. ... M. de Croos, the September will under the undue influence of Mr. N. E. de Croos, the present appellant. ... This however, is not pr....
To amount to undue influence, the influence exercised must be something in the nature of coercion. ... influence, and even though on a review of the evidence on both sides it cannot be said that undue influence was positively established." ... influence, and even though, on a review of the evidence on both sides, it cannot be said that undue #HL_ST....
cases of "actual undue influence" ? ... Desmond Banks & Co (a firm) [2001] 4 All ER 449 seperti berikut: "[151] Undue influence cases have, traditionally, been regarded as falling into two classes, cases where undue influence must be affirmatively proved (class 1) and cases where undue influence will be presumed ( ... "class 1" cases); (2) those cases ....
The next issue to be considered is as to whether the plea of undue influence has been proved by the plaintiffs. ... influence. ... The suit was resisted by the defendant by contending that the settlement deeds were valid and were executed without any undue influence exerted over late Samuel. ... Thus it is contended that the evidence on record clearly suggests an undue influenc....
Undue Influence [35] Undue influence is captured in s 16 of the Contracts Act. Section 16 sets out the requirements that should be proven for there to be undue influence. The pertinent parts of s 16 reads as follows- Section 16. ... Power to set aside contract induced by undue influence. When consent to an agreement is caused by undue#HL_END....
The only plea that is taken is that the document was obtained by coercion and undue influence. The question of fraud may not arise on the plea that is taken to the effect that he was threatened to affix his thumb impression in the document. So it could be only undue influence or coercion. ... influence and fraud. ... Soon thereafter, he filed a suit in February, 2013 as an indigent person, seeking a decla....
In any event, the Plaintiff's failure to call the only alleged eyewitness of the alleged fraud and/or undue influence (all other persons who were present said that there was no fraud or undue influence) is fatal to his case. ... Further the Plaintiff claimed that the transfer and/or sale of the shares was procured by means of fraud and/or undue influence. ... With the above finding, the ....
Contracts Act 1950 on the ground that the defendant had entered into it by undue influence (see encl 19 para 7). ... [Emphasis Added] Relevant Case Law On Undue Influence Under Sections 16 And 20 Of The Contracts Act 1950 on the ground that the defendant had entered into it by undue influence (see encl 19 para 7). ... [11] The parties have entered into this Agreement with free conse....
The Hon'ble Supreme Court in the case of Krishnamoorthy v. Sivakumar & Ors in Civil Appeal No. 1478 of 2015 (Arising out of SLP (C) No. 14918 of 2009) dated 05.02.2015 made it clear that, the prefix "undue" indicates that there must be some abuse of influence. Indeed, such proper and peaceful 55 persuasion is the motive force of our democratic process. Indeed, such proper and peaceful persuasion is the motive force of our democratic process. Construed in the light of the proviso, clause (2) of....
The prefix 'undue' indicates that there must be some abuse of influence. "Undue influence' is used in contra distinction to proper influence.' Construed in the light of Proviso, Clause (2) of S.123 does not bar or penalize legitimate canvassing or appeals to reason and judgment of the voters or other lawful means of persuading voters to vote or not to vote for a candidate. Indeed such proper and peaceful persuasion is the motive force of our democratic process.
Undue influence does not connote excessive, inordinate or disproportionate influence but something wrongful. Acts of undue influence sometime range themselves under either coercion or fraud. Person having influence over another and by that influence induces the will of the other to his subjection, then it is such coercion as is sufficient to constitute undue influence.
8. Under S.100(1)(b) of the Representation of the People Act, if any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of returned candidate or his election agent, the election of such returned candidate can be declared as void. The term is dealt with in S.123(2) of the Act as follows: Under S.123(2) of the Act'undue influence' would be a corrupt practice; but then what is undue influence?
Construed in the light of the proviso, Clause(2) of section 123 does not bar or penalise legitimate canvassing or appeals to reason and judgment of the voters or other lawful means of persuading voters to vote or not to vote for a candidate. The prefix 'undue' indicates that there must be some abuse of influence. Indeed such proper and peaceful persuasion is the motive force of our democratic process. 'Undue influence' is used in contra distinction to 'proper influence'.
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