A mother and her adult children freely enter a family partition agreement supported by lawful…
Section 10 of the Indian Contract Act, 1872 recognises agreements made with free consent by competent parties for lawful consideration and a lawful object, subject to legal…
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A mother and her adult children freely enter a family partition agreement supported by lawful consideration. The agreement provides for the mother’s maintenance and satisfies all required formalities. What is the effect of including the maintenance undertaking?
Answer and explanation
Correct answer C
Section 10 of the Indian Contract Act, 1872 recognises agreements made with free consent by competent parties for lawful consideration and a lawful object, subject to legal requirements. On these facts the maintenance undertaking can be enforced as part of the family agreement.
Option feedback
Option A
Family relationship by itself does not make an otherwise lawful agreement void.
Option B
The facts give no ground for treating the agreement as voidable.
Option C
A maintenance undertaking can form part of an otherwise valid family agreement.
Option D
Section 10 imposes no requirement to make this undertaking in a separate contract with a stranger.
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