LAW FOR ALL

sec.16 of Indian Contract Act - Transfer of property - Burden lies on the person who is in fiduciary relationship and who obtained benefit out that relationship by playing undue influence and fraud etc., - Plot allotted by Housing co operative society - the person who is in fiduciary capacity with appellant played undue influence, fraud and obtained the signature of appellant and got transferred her property in the name of his wife - Arbitrator correctly passed award set aside the transfer of house - Tribunal and High court wrongly set aside the order of Arbitrator - Apex court held that burden lies on the respondent who obtained property in favour of his wife name who is in fiduciary relationship with appellant by playing fraud , undue influence etc., and set aside the orders of tribunal and High court and directed to restore the possession with in one months = Pratima Chowdhury …Appellant Versus Kalpana Mukherjee & Anr. ...Respondents = 2014 ( Feb. Part)judis.nic.in/supremecourt/filename=41212