My Uncle has signed a development agreement when drunk is that valid
2 years ago
My Uncle has signed a development agreement when drunk, he has 1/3rd share of the property and the documents mentioned that he went in to an agreement of sale with other person and they both are giving his share of property for development where as My uncle denies any such agreement of sale. I was not in his right state of mind and the signature is not the regular that he signs. One of the builder in the agreement expired. This agreement was signed in 2006.
Will the agreement is still valid? The builder did not start any construction nor did he applied for any permissions. And he still claims that land cannot be sold or given to anyone for agreement?
What would be the next step? - Can I get in to agreement with any other builder?
Can the old builder stop us from getting into such agreement?
Is the agreement Valid as there was no progress for last 15 years?
Section 12 of the Contract Act, which defines when a person is said to be of sound mind for entering into a contract, appears to imply, particularly under illustration (b), that intoxication can render a person incapable of making a contract; however, the drunkenness contemplated thereunder is of a severe variety. If he was willingly inebriated, the contract will not be deemed unlawful; but, if he was involuntarily or forcibly intoxicated, the deal will be considered a crime.
Thank you very much.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Section 12 of the Contract Act which defines as to when a person can be said to possess a sound mind for entering into a contract, seems to suggest, especially under illustration (b) thereto, that intoxication can render a person incapable of making a contract; however, the drunkenness envisaged thereunder is of a severe variety. If he was voluntarily intoxicated then the contract will not be considered to be illegal only when there was involuntarily intoxication or forced intoxication then it can be considered to be a bar.
Thank you.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
But it can be still challenged if it not came into force.
Now the contents of agreement will decide the conditions and timelines.
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