Land dispute
sharon
(Querist) 13 October 2015
This query is : Resolved
is an agreement signed by a minor a valid agreement? what if the signature was taken by just pacifying the minor and no consent taken when the minor became major?
R.K Nanda
(Expert) 13 October 2015
state real facts ,if any.
P. Venu
(Expert) 13 October 2015
Please the real issue, if any.
M V Gupta
(Expert) 15 October 2015
No doubt the query is prima facie academic. Nevertheless for information of the querist, under section 11 of the Indian Contract Act only persons who are of age of majority and of sound mind are competent to contract. As such a contract signed by a minor is invalid and absolutely void in law- vide legendary decision in Mohori Bibi Vs Dharmodas Ghose ILR 30 Cal 539 and cannot be enforced against him or his estate. And it is well established that a contract which is void ab initio is incapable of being ratified after the mnor reaches majority.(Indian Cotton Company Ltd VS Raghunath AIR 1931 Bom 178; Hari satya Bansji vs Mahadeo Benarjee- AIR 1983 Cal 76 at pa.82.