CMA Foundation · Fundamentals of Business Laws and Business Communication · Void and Voidable Agreements, No Consideration No Contract
Sunita, out of natural love and affection, promises in a registered written document to give her nephew Rohan Rs. 20,000. Rohan is not her near relation by law in any sense relevant here; he is merely the son of a family friend whom she calls her nephew. Which view is correct under Section 25?
The agreement is void. Section 25(1) validates a promise without consideration only if it is in writing, registered, made for natural love and affection, and between parties in a near relation. Writing and registration alone are insufficient, and Sunita and Rohan are not near relations.
- AEnforceable, since the promise is written and registered
- BEnforceable, since love and affection is lawful consideration
- CVoidable at Sunita's option, since consent was not free
- DVoid, since the parties do not stand in a near relation to each otherCorrect
Explanation
Section 25(1) saves a no-consideration promise only if it is written, registered, made on account of natural love and affection, and between parties standing in a near relation. Rohan is only a family friend's son, so the near-relation condition fails. Writing and registration alone are not enough, so the agreement is void under Section 25.
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