Court case(1890) ILR 12 All 523

Mannu Singh v. Umadat Pande Mannu Singh

(1890) ILR 12 All 523 · Allahabad High Court · 1890

PrincipleA gift by a devotee to his guru of all his property is presumed to be under undue influence.

Facts

An aged and illiterate man gifted the whole of his property to his spiritual adviser (guru) on the promise that the gift would secure benefits to his soul in the next world. His heir sued to set the gift aside.

Held

The court held that the spiritual adviser was in a position to dominate the will of the donor, and the transaction was on its face unconscionable. The burden was therefore on the guru to prove that the gift was not induced by undue influence, which he failed to do. The gift was set aside.

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