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Keshrimal Sankliya   25 June 2022

section 29 of indian contract act

X offer to sell 10 acre land to Y but doesn't mention the price so this agreement/ offer is void as per section 29 ?


 5 Replies

Pradipta Nath (Advocate)     26 June 2022

I believe that this is an academic query!

Keshrimal Sankliya   26 June 2022

yes please reply sir

Dr J C Vashista (Advocate)     27 June 2022

I suppose you have already read the provisions of Section 29 of the Contract Act, 1872, which is unambigous. declaring such contract as "void".

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Keshrimal Sankliya   27 June 2022

means not declaring/mention consideration in offer /agreement is void as per sec 29 of ICA as here consideration is uncertain ??

Dr J C Vashista (Advocate)     27 June 2022

A contract without a consideration is void in terms of Section 25 of the Contracts Act, 1872

Section 25 in The Indian Contract Act, 1872 reads as: 

25. Agreement without consideration, void, unless it is in writing and registered or is a promise to compensate for something done or is a promise to pay a debt barred by limitation law.—

An agreement made without consideration is void, unless—

—An agreement made without consideration is void, unless—"

(1) it is expressed in writing and registered under the law for the time being in force for the registration of 1[documents], and is made on account of natural love and affection between parties standing in a near relation to each other; or unless

(2) it is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the promisor was legally compellable to do; or unless.

(3) It is a promise, made in writing and signed by the person to be charged therewith, or by his agent generally or specially authorized in that behalf, to pay wholly or in part a debt of which the creditor might have enforced payment but for the law for the limitation of suits. In any of these cases, such an agreement is a contract. Explanation 1.—Nothing in this section shall affect the validity, as between the donor and donee, of any gift actually made. Explanation 2.—An Agreement to which the consent of the promisor is freely given is not void merely because the consideration is inadequate; but the inadequacy of the consideration may be taken into account by the Court in determining the question whether the consent of the promisor was freely given.

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