Question

Solve.
X, an illiterate old man of about 90 years, physically infirm and mentally in distress, executed a gift deed of his properties in favour of V his nearest relative who was looking after his daily needs and managing his cultivation. Is X bound by this gift deed.

Answer 1

Solution:
Section to which the given problem relates: Section 16(2). Decision: No. X is not bound by this gift deed.
Reason:
Y's consent is not free as it has been obtained by exercising undue Influence because Y was in position to dominate the will of X.
Leading case: Sher Singh v. Prithi Singh