Malti is the daughter of Harish who has divided all the assets among his two sons Dhruv and Tarun with the condition that some provision must be made for the marriage of Malti. Later the brothers refuse to contribute tow

CS Executive · Economic, Business and Commercial Laws · PYQS · December 2023
Malti is the daughter of Harish who has divided all the assets among his two sons Dhruv and Tarun with the condition that some provision must be made for the marriage of Malti. Later the brothers refuse to contribute towards the marriage of Malti on the pretext that there is absence of privity of contract between Malti and the two brothers. Will Malti succeed? Discuss as per the provisions of Indian Contract Act, 1872.

Answer & Explanation:

A stranger to a contract cannot sue for want of privity of contract. But there are exceptions to this doctrine which include cases of family arrangement. In case of family arrangement or settlement between male members of a Hindu family which provide for the maintenance or expenses for marriage of female members, the latter though not parties to the contract possess an actual beneficial right which place them in a position of beneficiaries under the contract and can therefore, sue. In the given case Malti can sue and will succeed.

Topics: Indian Contract Act, 1872

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