Agreements are making with a common object for the benefit of both all the
parties involved in the agreement. But sometimes the agreements are making for
the benefit of only one party or it may be made with partial unlawful object. It
may also be made without consideration to benefit only one party. It may be to
protect personal interest or for the interest of few persons in the agreement.
These kinds of agreements are not valid in the eyes of law. All the conditions
for a valid agreement mentioned in the Indian Contract Act 1872 must be
satisfied for legal validity of an agreement. Other agreements are void either
partly or fully. The following are the legal provisions related to void
agreements in the Indian Contact Act, 1872.
As per Section 24 of Indian Contract Act, 1872 Agreements are void if
consideration and Objects are unlawful in Part. It is mentioned in the Act as:
If any part
of a single consideration for one or more objects, or any one or any part of any
one of several consideration of a single object, is unlawful, the agreement is
As per Section 25 of Indian Contract Act, 1872, agreements without
consideration are 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
As per the
provisions in the Indian Contract Act, an agreement made without consideration
is void, unless
it is expressed in writing and registered under the law for the time being in
force for the registration of documents, and is made on account of natural love
and affection between parties standing in a near relation to each other; or
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
it is a promise, made in writing and signed by the person to be charged
therewith or by his agent generally or specially authorised in that behalf, to
pay wholly or in part 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."
But there are exceptions in some cases e.g. Gift Deed may be without
consideration, but it is valid.
As per Section 26 of Indian Contract Act 1872 agreement in restraint of
marriage other than a minor is void.
Section 27 of Indian Contract Act, 1872 every agreement by which anyone is
restrained from exercising a lawful profession, trade or business of any kind,
is to that extent void.
As per Section 28 of Indian Contract Act, 1872 agreements in restrain of
legal proceedings, void
Every agreement, by which any party thereto is restricted absolutely from
enforcing his rights under or in respect of any contract, by the usual legal
proceedings in the ordinary tribunals, or which limits the time within which he
may thus enforce his rights, is void to the extent.
An uncertain agreement of which meaning is not certain is also void as per
Section 29 of the Indian Contract Act, 1872
section 30 of Indian Contract Act 1872, agreements by way of wager are void; and
no suit shall be brought for recovering anything alleged to be won on any wager,
or entrusted to any person to abide the result of any game or other uncertain
event on which may wager is made.