Allan Has A Legal Remedy Against Alvin and Can Rescind The Property So As To Get The Property Back

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Allan, an illegal settler, has been living in his house for 10 years.

One sunny day, Alvin, a millionaire,


chanced upon the neighborhood where Allan lives and instantly thought that the place is commercially
profitable. Alvin offered to buy Allan's property for a hefty price but Allan refused. Gun-carrying goons
accompanied him when he returned to Allan. This time, Allan could not do anything but to sign the
contract of sale. If Allan went to you for help as his friend, what would you advise him? Provide a
complete answer.

ANSWER:

Allan has a legal remedy against Alvin and can rescind the property so as to get the
property back.
Though Allan is an illegal settle, he can get adverse possession where one acquires ownership of land in
which another person has a title with the intent of possession as one's own. This is a form of acquisitive
prescription where one acquires ownership and real rights through a lapse of time in the conditions and
manner stated by the law. Allan can carry out a legal remedy against Alvin since the contract is not valid.
A contract requires free consent rather than duress or coercion, misrepresentation, fraud and undue
influence. Alvin unlawfully coerced Allan to sign the documents with the goons under the threat of
physical harm. The contract can be rendered void since consent is missing. Allan can approach the court
for repudiation of transfer of the property and cam also seek proceedings under Criminal law for the use
of force and threats.

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