Ptodyot Kumar Roy
Asked January 23, 2017

Property case and legal issues

  • 1 Answer

We are hindu by religion.IAm elder brother registered a settlement deed with my younger brother on my own land , condition is that after re payment of my loan you may get right of said immovable 1st floor,inthe mean time I gave hin to construct your house,after few years he started different humiliation with me as well as my wife.I am resident of Hari nabi of shuru 24 pabana and registered the deed at ADSR Sonarpur,in the mean time he signed me some papers with help of my father with the pretext that it only a concent letter,and intimidate me "if you do n't sign Father will tell your Director that you are not looking after your parent".your little son may suffer etc. With a fear i put my signature. Now I'm afraid what if it is a POA by which hr may alter the terms and conditions of said registered settlement deed?My question is can he do this from Registreer of Assurance,Kolkata as I got a encumbrances certificate from ADSR is free upto 2014. Plz advice m

Answer 1

Signature under misrepresentation, threat and coercion is considered to lack free consent and hence is not valid before the court of law. In this case as the document was misrepresented as a consent letter and you did  not know its true nature and moreover, you had signed the same under the fear of your job, reputation and your child’s safety  and well being, the document signed by you is not legally valid or enforceable. Moreover, POA may be revoked anytime in writing before a notary public, hence, even if you fail to prove coercion and force you may simply revoke the alleged POA.

In any scenario your brother cannot forcefully change the terms of the deed.

Agree Comment 0 Agrees almost 5 years ago

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