Minors contract

Querist : Anonymous (Querist) 03 November 2011 This query is : Resolved
can a contract entered into by minor ratified by him.is there any condition by which a minor can be held liable for contracts by him during minority.

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ajay sethi (Expert) 03 November 2011
a minor by law is incapable of giving his consent to enter into any contract . no liability of agreement entered into by minor .

Querist : Anonymous (Querist) 03 November 2011
i heard somewhere that contract entered by minor is void but contractual transaction started during minority of party continued even after attaining majority is binding to parities for whole of transaction.

Querist : Anonymous (Querist) 03 November 2011
i think that is quasi contractual transactions which can be binding after attaining majority.pure contract by minors are void in all circumstance.am i correct sir.

H. S. Thukral (Expert) 03 November 2011
I think Principle of Election would apply. He can reject any contract entered by him or by guardian on his behalf but if a minor after attaining majority ratifies the transaction entered into on his behalf and accepts the benefit there under, the effect would be as if he was a major at the time the transaction was affected and the benefit was conferred on him.

kuldeep kumar (Expert) 03 November 2011
yes principal of election is applicable but only in case of contracts through guradian.

ajay sethi (Expert) 03 November 2011

what are the facts of yourcase . at present we are talking of hypothetcial situations

prabhakar singh (Expert) 03 November 2011
Either you heard wrong or retaining it in wrong manner.

Every agreement requires free consent by its parties.

A minor is supposed by law not competent to
give free consent to any agreement.

Any agreement hence entered with minor is out right void and he is not obliged to perform any of the duties imposed by agreement on him or promises undertaken by him to be performed by him.

However if the agreement so made with minor is of the nature where minor is not under any obligation but only to get profits from the agreement,then such agreement is binding on the other party even when minor was incapable.
That is why a minor can be admitted as partner in a firm to share only its profit.
such partner when becomes major gets a right of election on attaining majority,whether to continue as partner or not.

As seen a minor can not give free consent due to his incapacity,his affairs are managed by his guardian.So his guardian can dispose his properties for his benefit.If such a sale is made by the guardian during his minority then again minor has a right of election on attaining his majority to either get bound by the contract or to repudiate it.

If he chooses to repudiate the contract made on his behalf by the guardian during his minority,he can file a suit to get cancelled such a contract with in three years from the date of attaining his majority.

M.Sheik Mohammed Ali (Expert) 03 November 2011
yes, i do agreed experts query reply.

prabhakar singh (Expert) 03 November 2011

Expert : M.Sheik Mohammed Ali
Posted On
03 November 2011
yes, i do agreed experts query reply.
IS THE SENTENCE I ALWAYS LIKE EVEN WHEN I AM WRONG!@

Sailesh Kumar Shah (Expert) 04 November 2011
i feel that author should come with exact facts.

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