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definition of undue influence in hindi and urdu or contract act 1872 part 20

Undue influence

According to sec 16 (1)
Where the relation subsisting between the parties is such that one of the party is position to dominate the will of other and uses the position to obtain an unfair advantage
When one person induces other person to agree with his proposal by using his position
Sec 16 (2) further explain “position to dominate”
1 Real or apparent authority
2 Fiduciary relation
3 Contract with a person whose mental capacity is affected

Position to dominate
Undue advantage
Case of mental distress
Real or apparent authority
Fiduciary relation
Burden of proof
Effects of undue influence
According to sec 19A
1 Contract is voidable at the option of aggrieved party
2 Aggrieved party can set aside the contract
3 If aggrieved party gets any benefit it will be returned


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