An illiterate old woman made a gift deed for practically her entire property to her nephew who managed her affairs. The gift can be set aside on the grounds of :a)Mistakeb)Coercionc)Fraudd)Undue InfluenceCorrect answer is option 'D'. Can you explain this answer?

Question

Answer

In jurisprudence, undue influence is an equitable doctrine that involves one person taking advantage of a position of power over another person. This inequity in power between the parties can vitiate one party's consent as they are unable to freely exercise their independent will.

Answer

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 other and uses that position to obtain an unfair advantage over the other here in the example the nephews in a position to incidents the will of the old lady hence this contract can be put aside on the ground of undue influence

Answer

The Correct Answer is Option 'D': Undue Influence

Explanation:
Undue influence is the use of influence or pressure by one person over another to manipulate them into making decisions that are not in their best interest. In this case, the illiterate old woman may have been unduly influenced by her nephew to make a gift deed transferring practically her entire property to him.

Undue Influence:
Undue influence occurs when one party takes advantage of their position of power or authority over another party to exploit or manipulate them. In this case, the nephew, who managed the old woman's affairs, may have used his position to exert undue influence over her, leading her to make the gift deed in his favor.

Factors that Establish Undue Influence:
To establish undue influence, certain factors need to be proven. These factors include:

1. Relationship of Trust: There must be a relationship of trust between the parties involved, such as that of guardian and ward, parent and child, or attorney and client. In this case, the nephew was managing the old woman's affairs, indicating a relationship of trust.

2. Unfair Advantage: The influencing party must have taken unfair advantage of their position of power or authority. The nephew's position as the manager of the old woman's affairs may have given him the opportunity to exert undue influence over her.

3. Lack of Independent Advice: If the person making the gift deed did not receive independent advice or had limited understanding due to illiteracy or other factors, it strengthens the claim of undue influence. The old woman's illiteracy may have made her more susceptible to manipulation by her nephew.

4. Suspicious Circumstances: If there are suspicious circumstances surrounding the execution of the gift deed, such as sudden changes in the old woman's behavior or the gift being disproportionate to the normal pattern of gifting, it raises doubts about the validity of the transaction. In this case, the old woman's decision to gift practically her entire property to her nephew raises suspicion.

Conclusion:
Considering the illiterate old woman's vulnerability, the relationship of trust between her and her nephew, and the suspicious circumstances surrounding the execution of the gift deed, it is likely that the gift can be set aside on the grounds of undue influence. The nephew may have used his position to manipulate the old woman into making a gift that was not in her best interest.

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