https://www.taxtmi.com/caselaws?id=460027 Rectification is a limited remedy available only on specific pleading and proof that, because of fraud or mutual mistake, the instrument does not reflect the parties' real intention, and it must be sought by the proper party to the deed. The document also explains that undue influence is established only where one party was able to dominate the other's will and obtain an unconscionable advantage; once the foundational facts are shown, the burden shifts to the propounder. It further states that admission of a document in evidence does not dispense with proof of its execution and contents, which must be independently established through material witnesses and surrounding circumstances. en-us Tue, 12 Mar 2013 00:00:00 +0530 Wed, 08 Jan 2025 17:26:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=460027 Rectification is a limited remedy available only on specific pleading and proof that, because of fraud or mutual mistake, the instrument does not reflect the parties' real intention, and it must be sought by the proper party to the deed. The document also explains that undue influence is established only where one party was able to dominate the other's will and obtain an unconscionable advantage; once the foundational facts are shown, the burden shifts to the propounder. It further states that admission of a document in evidence does not dispense with proof of its execution and contents, which must be independently established through material witnesses and surrounding circumstances. Case-Laws Indian Laws Tue, 12 Mar 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=460027