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X transfer his house to his daughter and by the way of gift. the gift deed executed by x contain directions thet m shall pay certain amount per month to N consequently M exected an instrument in favor of N agreeing to pay amount asked by x after M refuses to pay because no consideration was move from N . whether M is liable to pay amount to N?
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X transfer his house to his daughter and by the way of gift. the gift ...
Issue: Whether M is liable to pay the amount to N even though no consideration was given by N for the transfer of the house from X to his daughter?
Rule: As per Section 25 of the Indian Contract Act, 1872, an agreement without consideration is void, except in certain situations like a gift, natural love and affection, etc. Also, as per Section 126 of the Transfer of Property Act, 1882, a gift made without consideration is valid only if it is made voluntarily and without any fraud or coercion.
Application: In the given case, X transferred his house to his daughter by way of a gift deed. The gift deed contained directions that M (presumably the son-in-law of X) shall pay a certain amount per month to N. M also executed an instrument in favor of N agreeing to pay the amount as directed by X.
However, M later refused to pay the amount to N, stating that no consideration was given by N for the transfer of the house from X to his daughter. Here, it is important to note that the transfer of the house from X to his daughter was a voluntary gift made without any consideration. Therefore, the transfer is valid as per Section 126 of the Transfer of Property Act.
As for the payment of the amount by M to N, it can be argued that the agreement between X and M was made for the benefit of N. Therefore, even though no consideration was given by N, the agreement can be enforced against M under the doctrine of promissory estoppel.
Conclusion: Based on the above analysis, it can be concluded that M is liable to pay the amount to N as per the agreement made between X and M. However, it is important to note that the exact terms of the agreement and the nature of the relationship between the parties may also be relevant in determining the liability of M.
Rule: As per Section 25 of the Indian Contract Act, 1872, an agreement without consideration is void, except in certain situations like a gift, natural love and affection, etc. Also, as per Section 126 of the Transfer of Property Act, 1882, a gift made without consideration is valid only if it is made voluntarily and without any fraud or coercion.
Application: In the given case, X transferred his house to his daughter by way of a gift deed. The gift deed contained directions that M (presumably the son-in-law of X) shall pay a certain amount per month to N. M also executed an instrument in favor of N agreeing to pay the amount as directed by X.
However, M later refused to pay the amount to N, stating that no consideration was given by N for the transfer of the house from X to his daughter. Here, it is important to note that the transfer of the house from X to his daughter was a voluntary gift made without any consideration. Therefore, the transfer is valid as per Section 126 of the Transfer of Property Act.
As for the payment of the amount by M to N, it can be argued that the agreement between X and M was made for the benefit of N. Therefore, even though no consideration was given by N, the agreement can be enforced against M under the doctrine of promissory estoppel.
Conclusion: Based on the above analysis, it can be concluded that M is liable to pay the amount to N as per the agreement made between X and M. However, it is important to note that the exact terms of the agreement and the nature of the relationship between the parties may also be relevant in determining the liability of M.
Community Answer
X transfer his house to his daughter and by the way of gift. the gift ...
Present problem is based on the concept of stranger to a consideration under Indian Contract Act , 1872 .
As per the doctrine of privity only a party to a contract can enforce the right created by the contract but there are certain exceptional cases in which a stranger to a contract can enforce his or her right against it. A may be a stranger to a consideration but he may be a contracting party to a contract. even beneficiary can enforce his right arise from the contract.
As per the doctrine of privity only a party to a contract can enforce the right created by the contract but there are certain exceptional cases in which a stranger to a contract can enforce his or her right against it. A may be a stranger to a consideration but he may be a contracting party to a contract. even beneficiary can enforce his right arise from the contract.
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X transfer his house to his daughter and by the way of gift. the gift deed executed by x contain directions thet m shall pay certain amount per month to N consequently M exected an instrument in favor of N agreeing to pay amount asked by x after M refuses to pay because no consideration was move from N . whether M is liable to pay amount to N?
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X transfer his house to his daughter and by the way of gift. the gift deed executed by x contain directions thet m shall pay certain amount per month to N consequently M exected an instrument in favor of N agreeing to pay amount asked by x after M refuses to pay because no consideration was move from N . whether M is liable to pay amount to N? for CA Foundation 2024 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about X transfer his house to his daughter and by the way of gift. the gift deed executed by x contain directions thet m shall pay certain amount per month to N consequently M exected an instrument in favor of N agreeing to pay amount asked by x after M refuses to pay because no consideration was move from N . whether M is liable to pay amount to N? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for X transfer his house to his daughter and by the way of gift. the gift deed executed by x contain directions thet m shall pay certain amount per month to N consequently M exected an instrument in favor of N agreeing to pay amount asked by x after M refuses to pay because no consideration was move from N . whether M is liable to pay amount to N?.
X transfer his house to his daughter and by the way of gift. the gift deed executed by x contain directions thet m shall pay certain amount per month to N consequently M exected an instrument in favor of N agreeing to pay amount asked by x after M refuses to pay because no consideration was move from N . whether M is liable to pay amount to N? for CA Foundation 2024 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about X transfer his house to his daughter and by the way of gift. the gift deed executed by x contain directions thet m shall pay certain amount per month to N consequently M exected an instrument in favor of N agreeing to pay amount asked by x after M refuses to pay because no consideration was move from N . whether M is liable to pay amount to N? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for X transfer his house to his daughter and by the way of gift. the gift deed executed by x contain directions thet m shall pay certain amount per month to N consequently M exected an instrument in favor of N agreeing to pay amount asked by x after M refuses to pay because no consideration was move from N . whether M is liable to pay amount to N?.
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X transfer his house to his daughter and by the way of gift. the gift deed executed by x contain directions thet m shall pay certain amount per month to N consequently M exected an instrument in favor of N agreeing to pay amount asked by x after M refuses to pay because no consideration was move from N . whether M is liable to pay amount to N?, a detailed solution for X transfer his house to his daughter and by the way of gift. the gift deed executed by x contain directions thet m shall pay certain amount per month to N consequently M exected an instrument in favor of N agreeing to pay amount asked by x after M refuses to pay because no consideration was move from N . whether M is liable to pay amount to N? has been provided alongside types of X transfer his house to his daughter and by the way of gift. the gift deed executed by x contain directions thet m shall pay certain amount per month to N consequently M exected an instrument in favor of N agreeing to pay amount asked by x after M refuses to pay because no consideration was move from N . whether M is liable to pay amount to N? theory, EduRev gives you an
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