Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Basic law query

Querist : Anonymous (Querist) 30 September 2011 This query is : Resolved 
WHETHER PERSON AGED LESS THAN 18 CAN CONTRACT IN HIS NAME BY SIGNING AGREEMENT.AND WHETHER HE CAN BUY AND REGISTER PROPERTY IN HIS PERSONAL NAME.
ajay kumar mishra (Expert) 30 September 2011
No the person who is minor can't enter into agreement so the question of contract through agreement doesn't arise. you can buy and register the property in his personal name but you will be represented by your lawful guardian.
Advocate. Arunagiri (Expert) 30 September 2011
A minor can buy any property, enter an agreement in his name, but signed by his guardian.
Shailesh Kr. Shah (Expert) 30 September 2011
Agreement by minor is void-ab-initio. He
can buy and register through its guardian.
R.Ramachandran (Expert) 30 September 2011
A similar query was there earlier. Mr. Shailesh I also gave similiar view like yours.
But unfortunately, the querist then asked whether a motor-bike can be registered in his name. It was informed that a motor-bike cannot be registered in the name of a minor, even if it was contracted and purchased by a major.
Querist : Anonymous (Querist) 30 September 2011
SIR IF MINOR CANT SIGN AGREEMENT IF HE HAS NO CAPACITY TO CONTRACT AS PER CONTRACT ACT 1872.THEN IF MINOR IS PURCHASING LAND AND AGREEMENT AS HE CANT SIGN IS TO BE SIGN BY HIS GUARDIAN .WHETHER PROPERTY CAN BE REGISTERED IN NAME OF MINOR AT AGE LESS THAN 18 OR AFTER HE BECOME MAJOR.REGARDS.
Raj Kumar Makkad (Expert) 30 September 2011
Purchasing a property and signing a contract are two different things. You are mixing these two. Minor has right to property but not right to contract.

If your plea is accepted then inheritance in favour of minor should be entered only if he attains majority. Suppose father of a minor died intestate leaving behind properties. If your please is materialize then his name in the ownership/co-sharer can be entered only when he attains majority.

Your plea is beyond merits.
Heaven 2011 (Expert) 30 September 2011
Agree with the seniors.
prabhakar singh (Expert) 30 September 2011
Contracts entered for the benefit of minor are not void.
In addition the celebrated case Mohoribibee v. Dharmodas Ghose, (1903) ILR 30 Cal 539 (PC).still holds good.
Guest (Expert) 30 September 2011
Agree with experts.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :