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Mr Balwant and old man by the registered date of gift granted a certain land property to miss Reema his daughter by the term the dead it was completed that annuity of 20000 should be paid every year to Mr Sawant who was the brother of Mr Balwant on the same day Ms reema made a promise to Mr Sawant and executed in his favour and agreement it to give effect of stipulated. in the action against her by Mr Sawant, she considers that since Mr sawant had not furnished any consideration,he has no right of action. examing the provision of Indian contract act 1872, decide, whether the contention of ms Reema is valid?
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Mr Balwant and old man by the registered date of gift granted a certai...
Understanding the Gift and Annuity Agreement
Mr. Balwant gifted land to his daughter, Ms. Reema, with a condition of paying an annuity of ₹20,000 to Mr. Sawant, Balwant's brother. Ms. Reema subsequently made a promise to Mr. Sawant, which she now disputes on the grounds of consideration.
Key Legal Principles
- Indian Contract Act, 1872: According to Section 10, a valid contract requires an offer, acceptance, and consideration.
- Consideration: Section 2(d) defines consideration as something in return for the promise. In this case, Mr. Sawant did not provide consideration for Ms. Reema's promise.
Nature of the Promises
- Gift vs. Contract: The transaction initiated by Mr. Balwant was a gift, which does not necessitate consideration. However, Ms. Reema's promise to Mr. Sawant is a separate agreement.
- Promise Without Consideration: Under Section 25, an agreement made without consideration is void unless it falls under certain exceptions, such as being a written and registered promise.
Conclusion
- Validity of Ms. Reema's Contention: Ms. Reema's argument holds merit as Mr. Sawant did not provide consideration, making her promise potentially void under the Indian Contract Act.
- Legal Action: Mr. Sawant's right to action is weakened due to the lack of consideration, and Ms. Reema may successfully defend against his claim in court.
In essence, the absence of consideration on Mr. Sawant's part is pivotal in determining the validity of the agreement made by Ms. Reema.
Mr. Balwant gifted land to his daughter, Ms. Reema, with a condition of paying an annuity of ₹20,000 to Mr. Sawant, Balwant's brother. Ms. Reema subsequently made a promise to Mr. Sawant, which she now disputes on the grounds of consideration.
Key Legal Principles
- Indian Contract Act, 1872: According to Section 10, a valid contract requires an offer, acceptance, and consideration.
- Consideration: Section 2(d) defines consideration as something in return for the promise. In this case, Mr. Sawant did not provide consideration for Ms. Reema's promise.
Nature of the Promises
- Gift vs. Contract: The transaction initiated by Mr. Balwant was a gift, which does not necessitate consideration. However, Ms. Reema's promise to Mr. Sawant is a separate agreement.
- Promise Without Consideration: Under Section 25, an agreement made without consideration is void unless it falls under certain exceptions, such as being a written and registered promise.
Conclusion
- Validity of Ms. Reema's Contention: Ms. Reema's argument holds merit as Mr. Sawant did not provide consideration, making her promise potentially void under the Indian Contract Act.
- Legal Action: Mr. Sawant's right to action is weakened due to the lack of consideration, and Ms. Reema may successfully defend against his claim in court.
In essence, the absence of consideration on Mr. Sawant's part is pivotal in determining the validity of the agreement made by Ms. Reema.
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Mr Balwant and old man by the registered date of gift granted a certain land property to miss Reema his daughter by the term the dead it was completed that annuity of 20000 should be paid every year to Mr Sawant who was the brother of Mr Balwant on the same day Ms reema made a promise to Mr Sawant and executed in his favour and agreement it to give effect of stipulated. in the action against her by Mr Sawant, she considers that since Mr sawant had not furnished any consideration,he has no right of action. examing the provision of Indian contract act 1872, decide, whether the contention of ms Reema is valid?
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Mr Balwant and old man by the registered date of gift granted a certain land property to miss Reema his daughter by the term the dead it was completed that annuity of 20000 should be paid every year to Mr Sawant who was the brother of Mr Balwant on the same day Ms reema made a promise to Mr Sawant and executed in his favour and agreement it to give effect of stipulated. in the action against her by Mr Sawant, she considers that since Mr sawant had not furnished any consideration,he has no right of action. examing the provision of Indian contract act 1872, decide, whether the contention of ms Reema is valid? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Mr Balwant and old man by the registered date of gift granted a certain land property to miss Reema his daughter by the term the dead it was completed that annuity of 20000 should be paid every year to Mr Sawant who was the brother of Mr Balwant on the same day Ms reema made a promise to Mr Sawant and executed in his favour and agreement it to give effect of stipulated. in the action against her by Mr Sawant, she considers that since Mr sawant had not furnished any consideration,he has no right of action. examing the provision of Indian contract act 1872, decide, whether the contention of ms Reema is valid? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Mr Balwant and old man by the registered date of gift granted a certain land property to miss Reema his daughter by the term the dead it was completed that annuity of 20000 should be paid every year to Mr Sawant who was the brother of Mr Balwant on the same day Ms reema made a promise to Mr Sawant and executed in his favour and agreement it to give effect of stipulated. in the action against her by Mr Sawant, she considers that since Mr sawant had not furnished any consideration,he has no right of action. examing the provision of Indian contract act 1872, decide, whether the contention of ms Reema is valid?.
Mr Balwant and old man by the registered date of gift granted a certain land property to miss Reema his daughter by the term the dead it was completed that annuity of 20000 should be paid every year to Mr Sawant who was the brother of Mr Balwant on the same day Ms reema made a promise to Mr Sawant and executed in his favour and agreement it to give effect of stipulated. in the action against her by Mr Sawant, she considers that since Mr sawant had not furnished any consideration,he has no right of action. examing the provision of Indian contract act 1872, decide, whether the contention of ms Reema is valid? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Mr Balwant and old man by the registered date of gift granted a certain land property to miss Reema his daughter by the term the dead it was completed that annuity of 20000 should be paid every year to Mr Sawant who was the brother of Mr Balwant on the same day Ms reema made a promise to Mr Sawant and executed in his favour and agreement it to give effect of stipulated. in the action against her by Mr Sawant, she considers that since Mr sawant had not furnished any consideration,he has no right of action. examing the provision of Indian contract act 1872, decide, whether the contention of ms Reema is valid? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Mr Balwant and old man by the registered date of gift granted a certain land property to miss Reema his daughter by the term the dead it was completed that annuity of 20000 should be paid every year to Mr Sawant who was the brother of Mr Balwant on the same day Ms reema made a promise to Mr Sawant and executed in his favour and agreement it to give effect of stipulated. in the action against her by Mr Sawant, she considers that since Mr sawant had not furnished any consideration,he has no right of action. examing the provision of Indian contract act 1872, decide, whether the contention of ms Reema is valid?.
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