Undue Influence

In a recent Judgment of the Allahabad High Court it was held as under:
“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. It is an influence whereby control is obtained over the mind of the victim by insidious approaches and seductive artifices. It may arise where parties stand to one another in a relation of confidence which puts one of them in a position to exercise over the other, an influence, which may be perfectly natural and proper in itself, but , is capable of being unfairly used. The question whether a party is in a position to dominate other is broadly a question of fact. No general law can be laid down as to when one would be in a position to dominate over the will of the other owing to complexities of human nature and relations. It may arise due to personal relationship as a result of circumstances, in which the contract was entered into. In Inchenoriah Binte Mohd. Tahir v. Shaik Allie Bin Omar Bin Abdullah Bahashuan, AIR 1929 PC 3, it was held, where the donor is not only an old lady of feeble health but is also entirely dependent upon the done, her nephew, even for food and clothes, there is sufficient relation between them to presume undue influence being responsible for bringing about the gift.
A person of hundred years age, indebted to third parties and for the purpose of managing his own livelihood, dependent upon another can be said to be in a position to be influenced and dominated by the will of such person on whom he relies and depends.
Undue influence was read alongwith fraud and coercion and in Bishundeo Narain and another v. Seogeni Rai and Jagernath, AIR 1951 SC 280, it was held that in cases of fraud, “undue influence” and coercion, the parties pleading it must set forth full particulars and the case can only be decided on the particulars as laid. There can be no departure from them in evidence. General allegations are insufficient even to amount to an averment of fraud of which any court ought to take notice however strong the language in which they are couched may be, and the same applies to undue influence and coercion.” Haridwar(D) through his legal heirs v. Smt. Kulwant (D) through her legal heirs, 2013 (4) AWC 3302.

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