A person signs and registers an agreement to pay a fixed monthly sum to a near relative for the…
Section 25(1) recognizes a written and registered agreement made out of natural love and affection between near relations. Under section 37, a non-personal promise binds the…
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A person signs and registers an agreement to pay a fixed monthly sum to a near relative for the relative's lifetime. The promise is made solely out of natural love and affection. The promisor dies first, and the contract shows no contrary intention. How may the relative enforce the promise?
Answer and explanation
Correct answer D
Section 25(1) recognizes a written and registered agreement made out of natural love and affection between near relations. Under section 37, a non-personal promise binds the deceased promisor's representatives unless a contrary intention appears. Recovery is limited to the estate in their hands.
Option feedback
Option A
The written and registered promise can qualify under section 25(1), and a money obligation can bind the representatives under section 37.
Option B
The legal representatives do not incur unlimited personal liability for the deceased's debt.
Option C
The original contract can bind the estate without a new promise from the heirs.
Option D
In the absence of a contrary intention, the legal representatives are bound within the limits of estate property in their hands.
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