document could seek to set
aside that document on the ground of such
fraud?
(iii) When a document is only voidable
and recovery of possession ... registration is not ab initio
void but is only voidable. A voidable document remains in force as
valid until it is set aside or cancelled
fraudulent misrepresentation would have occurred, it would only
make the document voidable and hence the plaintiff in
O.S.No.112/1997 ought to have ... regards
character of a document is void but fraudulent
misrepresentation as regards contents of a document is
voidable stating:
"The legal position will
consolidation courts to adjudicate is not ousted. But in case of voidable document, where it cannot be ignored by the court or any authority unless ... competent court of law i.e. between void and voidable document.
(8) The document, if found void, shall be disregarded by the consolidation authorities being
Ammal has sold the minor's property, it is a voidable document and steps should have been taken to declare it as a voidable ... taken any steps to declare Ex.A2 as a voidable document and without resorting to that procedure, he has sold the property
registered documents and Ext.P6 purchase
certificate as void and voidable documents.
12. Challenging Ext.P14 order of the Commissioner, the petitioner ... petitioner are also
obtained fraudulently on the basis of void and voidable documents.
31. The operative portion of Ext.P14 order reads thus
court found that Ext.A3 sale
deed is only a voidable document and hence, unless and until it is set
aside, it will continue ... order to canvass the argument that Ext.A3 is a voidable document,
the learned counsel for the 5th defendant relied upon the decision
document.
Their Lordships appear to have concentrated on the disparity
between the effect of the document actually signed, and the
document as it was believed ... statutory authorities. The Court, however,
drew a distinction between void and voidable documents and
said a voidable document was one which remained in force until
Guardianship Act, 1956 are voidable
documents, but not void documents.
The law on this aspect concerning the void or voidableness of
these nature of sale ... eyes of law and in case of voidable
document, it remains good unless it is set aside by a competent
Court
option available with minors makes the sale deed at best a voidable document. Suffice would be to refer to the judgment of the Supreme Court ... aforesaid, the sale deed dated 18.2.1963 at best is a voidable document at the option of the minors, as the minors
settlement a voidable document and not a void document and
unless the relief of setting aside the said document is sought,
the other prayers sought ... arise in the case of a voidable document. To ascertain
whether the said document is void or voidable, a look at
Section
