CS Executive · Jurisprudence, Interpretation and General Laws · Contract Law
Harish, for natural love and affection, signs a written promise to give Rs. 2,00,000 to his brother Girish, but the document is not registered. Separately, Harish had actually handed over Rs. 50,000 to Girish as a gift last year. Girish sues for the Rs. 2,00,000 and Harish seeks to recover the Rs. 50,000 already given. What is the position?
The unregistered promise is void, but the completed gift stands. Section 25(1) needs a written and registered promise between near relations for natural love and affection. Explanation 1 protects a gift actually made between donor and donee, so the Rs. 50,000 cannot be reclaimed.
- ABoth the promise and the completed gift fail for want of consideration
- BThe promise is enforceable; the gift is void
- CThe promise is void for want of registration, but the completed gift is not affected as between donor and doneeCorrect
- DBoth are valid because brothers are near relations
Explanation
Section 25(1) requires the promise on account of natural love and affection to be in writing and registered; without registration the promise is void. Explanation 1 states that the validity of a gift actually made, as between donor and donee, is unaffected. So Girish cannot enforce the Rs. 2,00,000, and Harish cannot recover the Rs. 50,000. Treating brothers as sufficient ignores the registration requirement.
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