Legal Question in Business Law in India

Exam question

The plaintiff's husband had a business as a garment merchant.

in march 1982 the plaintiff's husband gave the business to the

defendant,his nephew,in return for the defendant's promise to

pay him and to pay plaintif after he died.the plaintiff's husband

died in november 1983 and defendant refused to horour his

commitment to pay the plaintiff.the plaintiff sued the defendant

both in her personal capasity and as administrator of her husband's

estate.can she become successful by taking legal action against

the defendant?


Asked on 4/25/07, 7:06 am

3 Answers from Attorneys
Vishwa Arya Arya & Co.

Re: Exam question

The question seems to have been mentioned half heartedly as several facts are missing. When the plaintiff has sued, when did the husband die,if the defendant made commitment in writing, what is evidence to the defendants promise, what is the defense taken by the defendant now, did the defendant perform any part of the promise at any stage.

Arya

Read more
Answered on 4/25/07, 8:48 am
V V S N Raju JURIS PRIME LAW SERVICES

Re: Exam question

We have to examine the agreement entered between the Plaintiff's husband and defendent. If agreement provides for payments as given query, then the legal action will be successfull.

The query is silent about written agreement.

Read more
Answered on 4/26/07, 1:05 am
G. M. Gupta gmguptaandassociates

Re: Exam question

i presume that the plaintiff has transferred the property to his nephew only orally and as a manager only. secondly i presume that the plaintiff is now the owner of the property after the demise of her husband.

in these circumstances plaintiff has maximum chances to win

Read more
Answered on 4/27/07, 11:33 am


Related Questions & Answers

More Business Law questions and answers in India