In this case a person threatened his wife and son that he would suicid...
Analysis of Case Involving Threat of Suicide to Force Property Transfer
Validity of Contract
The threat of suicide is considered as coercion under section 15 of the Indian Contract Act, 1872. According to this section, coercion refers to committing or threatening to commit any act forbidden by the Indian Penal Code or to harm a person or property. Therefore, in the given case, the husband's threat to commit suicide to force his wife and son to transfer the property in his brother's favor amounts to coercion.
A contract formed under coercion is voidable under section 19 of the Indian Contract Act. The wife and son can avoid the contract by informing the husband that they will not abide by the contract. However, if the wife and son fail to avoid the contract, it becomes valid.
Threat to Commit Suicide
Threat to commit suicide is a criminal offense under section 309 of the Indian Penal Code. The section states that whoever attempts to commit suicide and does any act towards the commission of such offense shall be punished with imprisonment up to one year or with a fine or both.
Act under Which the Case Falls
The given case falls under the Indian Contract Act, 1872. The Act provides a legal framework for the formation and enforcement of contracts in India. It defines various terms related to contracts, such as offer, acceptance, consideration, and legality of object. The Act also provides remedies for breach of contract, such as damages and specific performance.
Conclusion
In conclusion, the threat of suicide to force property transfer is not a valid contract but voidable under the Indian Contract Act. Threat to commit suicide is a criminal offense under the Indian Penal Code. The given case falls under the Indian Contract Act, 1872.
In this case a person threatened his wife and son that he would suicid...
According to The Indian Contract Act 1872, consent of the party is not free. It will be considered as undue influence as it applies mental pressurieation to the aggrieved party.