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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?

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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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