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In which of the following cases, the Supreme Court has held that the law as to undue influence was the…

In "Subhas Chandra Das Mushib v Ganga Prosad Das Mushib, AIR 1967 SC 878" the Supreme Court held that the law of undue influence under section 16 of the Indian Contract Act…

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In which of the following cases, the Supreme Court has held that the law as to undue influence was the same in the case of a gift inter-vivos, as in the case of a Contract?

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Correct answer A

In "Subhas Chandra Das Mushib v Ganga Prosad Das Mushib, AIR 1967 SC 878" the Supreme Court held that the law of undue influence under section 16 of the Indian Contract Act applies to a gift inter vivos just as it applies to a contract. The court first asks whether the donee was in a position to dominate the donor's will and then whether that position was used to obtain an unfair advantage; kinship or age alone is not enough.

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