Problems based on Contract and Solution-14

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

Problems based on Contract and Solution-14

Tanmoy Mukherji

Advocate

QUESTION- An illiterate woman executed a document-a deed of gift under the impression that it was the deed authorizing management of her property.  Answer with reason whether the above execution of deed is void or voidable.

Facts-

→ An illiterate woman executed a document - a deed of gift.

→ Under the impression that it was the deed authorizing management of her property.

Issue-

Whether the deed executed by an illiterate woman under the mistaken belief that it was merely an authority to manage her property is void or voidable?

Relevant Provisions-

Under Indian Contract Act, 1872-

Sec. 13 - Consent

Sec. 14 - Free Consent

Sec. 18 - Misrepresentation

Sec. 19 - Voidability of agreement without free consent.

However, this case goes beyond ordinary misrepresentation and involves the doctrine of - Non est factum (is not my deed).

Doctrine of non-est factum-

It proved the document is void ab initio.

Conditions-

i) The person is illiterate.

ii) There is a mistake as to the nature of the document.

iii) The mistake is not due to negligence.

iv) The document signed is radically different from what intended.

Leading Cases-

Application of law to the given problem:

i) The woman is illiterate can't understand the document.

ii) She believed it was a management authority.

iii) In reality it is a gift deed (transfer of ownership).

iv) This is a fundamental difference in nature not a minor term.

Therefore, -

→ No real consent exists

→ It is not just misrepresentation but total misunderstanding of the document.

Conclusion-

The deed is void ab initio because -

→ Consent was not real.

→There was a mistake as to the nature of the document

→ The doctrine of non-est factum applies.