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The mother owes Rs. 10,000 to her daughter. But the Limitation Act has barred this debt. The mother…

Section 25(3) of the Indian Contract Act makes enforceable, without fresh consideration, a written and signed promise to pay wholly or in part a debt barred by limitation.…

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The mother owes Rs. 10,000 to her daughter. But the Limitation Act has barred this debt. The mother signs a written promise to pay Rs. 3,000 on account of the debt. In this case which one of the following is correct?

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Answer and explanation

Correct answer D

Section 25(3) of the Indian Contract Act makes enforceable, without fresh consideration, a written and signed promise to pay wholly or in part a debt barred by limitation. The mother's signed promise to pay Rs 3,000 is therefore "valid and binding under the Indian Contract Act", though it does not revive the whole Rs 10,000. A promise of part of the debt is expressly covered, and the natural love and affection exception in section 25(1) is irrelevant here and would also require registration.

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