Undue influence can also occur when planning for succession, for example. B when establishing the will. In the event of a challenge to a will based on inappropriate influence, the will candidate must generally show that not all cases of active trust between the parties and the two parties are equal. The principle of unauthorized influence applies to all cases where influence is acquired and misused. It applies to all relationships in which one party can exercise supremacy over another. In other words, if there is a real or apparent authority or fiduciary relationship. The category of unwarranted influence takes into account the circumstances in which the contract was entered into, as well as their relationship. The presence of a dominant position with its use is obligatory to assert an act. Only a dominant position does not lead to disproportionate influence. It only occurs if this position is used to gain an unfair advantage.
The unreasonable advantage is any form of benefit that is not justified by the circumstances in which the contract was entered into. In the case of Ganesh Narayan Nagarkar V Vishnu Ramchandra Saraf, the court stated that the unfair advantage is the advantage or enrichment obtained by unfair means. This happens when bargains favour someone who has influence and is unfair to others. Undue influence affects natural justice, when the determination of a will is unjust, unreasonable and uns natural, when it goes wildly towards the natural instincts of a heart, the diktat of parental affection, natural justice, solemn promise and moral duty. Such unexplained inequality is an unwarranted influence. Understanding an undue influence, dissecting it, defining it and understanding the term has proven elusive in social service and in the legal framework. Some people have said, “I know it when I see it,” which makes the term a matter of personal interpretation. Some state laws on succession refer to the concept and some states have definitions that can be summarized as follows: inappropriate influence occurs when there is a fiduciary or confidential relationship in which a person replaces his own will with that of the influenced person. Other states have definitions in punishable or other codes.
Of course, there are court decisions on individual cases, but they are generally known only in legal circles. An experienced contract lawyer will be able to verify the contract executed and all the other evidence you have to determine whether or not you are a victim of undue influence. If the lawyer finds that you may have suffered from inappropriate influence, the lawyer can help you file a right against the wrongdoer in order to recover your financial losses. Finally, the lawyer can represent you in court if necessary. In conclusion, it can be said that there is insufficient consent in the presence of inappropriate influence within the meaning of Section 13 of the Indian Contract Act. Thus, in a fiduciary relationship and in other forming relations, the party that enjoys real or obvious authority must find that the other party is free of external manifestation. The design of the draft included a review of California law to verify definitions of inappropriate influence, to review the succession codes of other states in search of definitions of inappropriate influence, and to conduct a review of social service literature and psychological publications on inappropriate influence.