Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Pooja (Private)     17 May 2013

Registering property in name of minor

A man purchased a house in the name of his minor daughter about 50 years ago.

The agreement of the property is between the minor and the builder. The father's name /signature is not present in the agreement as a guardian of the minor.

The child is an adult now and the father is no more.

What does the Indian Law say about a minor purchasing a property? Is this illegal? What is this type of transaction called? Is this sort of transaction prohibited?

Please guide and cite some references



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 May 2013

 

According to Section 3 of the Indian Majority Act, 1875, a person domiciled in India who is under the age of eighteen years, is a minor.

  1. Minor Agreements: A Minor is an incompetent person to enter into a contract subject to certain exceptions.
  2. No Restitution: No order can be made for compensation against a minor for a benefit obtained under void agreement.
  3. Minor Beneficiary: A contract becomes valid if it gives some benefit and not to required minor to bear any obligation.
  4. Services by a Minor under contract: The Contract of Apprenticeship is valid and binding upon the minor.
  5. No Ratification
  6. The Rule of Estoppel: The Rule of Estoppel under Section 115 of the Indian Evidence Act does not apply to the minor.




Advocate Ravinder (Advocate/Attorney)     19 May 2013

A minor cannot enter into contract without a guardian.  Apart from that the agreement is very old i.e. 50 years back.  It might be time barred. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register