Question

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts and select the most appropriate answer.

Principle: The object of an agreement is lawful unless it is forbidden by law; is of such a nature that, if permitted, it would defeat the provisions of any law; is fraudulent; involves or implies injury to the person or property of another person; the court regards it as immoral; it is opposed to public policy.

Factual Situation: A and B, a Hindu couple were married to each other. Owing to differences between them, they decided to get divorced.  They entered into a contract laying down the conditions that both parties had to adhere to. One of the terms of the contract was that their children would not be entitled to claim the ancestral property of A, the husband.

पर्याय

• The contract will be void since the children are not a  party to the contract 

• The contract will be void since its terms since it is opposed to the personal laws of the parties

• The contract will be valid

• The contract will be void since a woman cannot enter into a contract with her husband

Answer 1

The contract will be valid

Explanation:

Option "The contract will be valid" is the correct option as in present facts by entering into the contracting couple disentitled their children from the ancestral property and right over ancestral property cannot be taken away or limited. So the contract entered to do the same is not a valid contract.