sale deed is void and not voidable
document. Void document need not be set aside.
Voidable document alone has to be set aside ... void and not voidable
document. It is settled principle that Void document need not be set
aside, but voidable document alone set aside
sale deed is void and not voidable
document. Void document need not be set aside.
Voidable document alone has to be set aside ... void and not voidable
document. It is settled principle that Void document need not be set
aside, but voidable document alone set aside
In Os : N.Bhaskar Rao vs In Os : 1 Smt.Nilima on 26 August, 2020
documents. The Supreme Court
has held that there are two types of documents; one is a void document
and the second is a voidable document ... that the documents in question,
to which he is a party, were got signed on misrepresentation, the
documents are therefore only voidable and not void
extent that registered sale documents
are to be preferred over unregistered documents and registered
documents would score over others. It was further mandated
that there ... seek cancellation of a document which is void, but
he is required to seek cancellation of the document which is
voidable. When a document
Specific Relief Act, 1963 thus, refers to both
void and voidable document. It provides for a discretionary relief.
When a document is valid, no question ... regards character of a document is void but
fraudulent misrepresentation as regards contents of a document is
voidable stating:
"The legal position will
enables any person who is affected by any void or voidable document to sue for its cancellation. The provision clearly lays down that any registered ... Court only by a person who executed document and who perceives that such document is void or voidable. In the other case, even
void
document is not required to be avoided whereas a voidable document
must be. It is not necessary for us to advert to a large ... outcome of any undue misrepresentation, coercion or fraud
shall be voidable.
If, however, a document is prima facie valid, a presumption arises
in regard
Satyender Singh & Ors. (Lrs Of Hari ... vs Gulab Singh & Ors. on 22 March
minor or any person claiming
under him. A document which is voidable has to be
actually set aside before taking its legal effect.
This Court ... others , (1973) 2 SCC 535, while making
distinction between void and voidable document held:
“5………We think that a distinction can be made
between cases
