And there are other exceptions. Paragraph 10 of the Indian Contracts Act shows that recital is an essential part of a treaty and therefore an important part of the treaty. And an agreement without consideration is therefore inconclusive. Two important points that need to be taken into account are: – 1) Nothing in this section has any impact on validity, as done between the donor and each gift made. 2) An agreement for which the manufacturer`s agreement expires without restrictions is without proper consideration. However, insufficient consideration may be taken into account by the Tribunal in deciding whether consent to the undertaking was freely given. The terms “close relationship” and “love and natural affection,” as referred to in section 25 (1) of the Indian Contract Act 1872, are extremely vague and insufficient. At the heart of this intervention is the question of whether it is possible to find a concrete definition of the concept of “close relationship” and whether the notion of love and natural affection is ambiguous. In the case of Rajlukhy Dabee v. Bhootnath Mookerjee, the accused promised to pay his wife a certain amount of child support each month. The promise was made in writing and the quarrels between the man and the woman were also mentioned. Proceedings have been filed to recover the promised amount as support.
However, the judge ruled in favour of the accused because, although the two parties had a close relationship, the court found that there was no love and natural affection between them. In another case, two brothers argued against Shivaram[ii] on any property. One of them lost, after which the other brother promised, by a written and duly recorded agreement, that he would give him half of his property. Later, he withdrew. However, when the court was tried, the court found that, despite the earlier litigation, paragraph 1 of section 25 applied, since the brother had made a promise of love and natural affection for someone who was a close relative and therefore the brother was bound to keep his promise. Considering how previous judgments have decided that a close relationship is a relationship that takes into account natural love and affection, relationships that usually involve natural love and affection must be defined as relationships that fall within a close relationship. That is, only the immediate family (i.e. children, parents, siblings, spouses, grandchildren and grandparents). Such a definition might be considered too narrow, but it would provide a clearer framework than allowing the courts to decide what natural love and affection is. Nevertheless, if natural love and affection cannot and should not be defined, it would also be disastrous to eliminate “natural love and affection” and keep the term “close relationship” simple without defining it. Therefore, the concept of “close relationship” must be clearly defined and it is only in the definition of the close relationship that the term “natural love and affection” should be removed.
Section 25 reads: “Agreement without consideration, not nullit, unless it is written and recorded, or is a promise to do something or is a promise to pay a debt prescribed by the statute of limitations.