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khobaib Aqudas   28 August 2021

Contact at the time of minor to major

suppose there are two parties A and B
A proposed to make contract with B on 28August,2021 at 11:59 PM and B accepted the proposal on 29 August,2021 at 12:00 AM

Here B has his 18th birthday on 29 August,2021.(NOT A LEAP YEAR)

Do the contract declared to be
void or not?

If proposal made earlier (before becoming 18 of B). WILL it be considered or not?


 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     28 August 2021

Is it an interview query to the experts?

Dr J C Vashista (Advocate)     29 August 2021

Suppose you are a tutor what would you tell ?

Sankaranarayanan (Advocate)     29 August 2021

What is the real issue first explain it properly

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 August 2021

It is voidable contract. voidable contracts may be legally enforceable once underlying contractual defects are corrected.

P. Venu (Advocate)     29 August 2021

Why should we "suppose"? Post your realtime issue, if any.

Ananya Gosain   30 August 2021

To answer your query, let see the basics of the Indian Contract Act. There can be no contract unless there is an offer and such an offer is accepted. An Offer once accepted becomes a Promise. Promise + Consideration = Agreement As per Section 2(h), A contract is a lawful agreement. It is an AGREEMENT which, in your case, will only be completed when acceptance to the offer has been communicated, to the offeror. As per section 10 of the Indian Contract Act, 1972 all agreements are not contracts. Only those agreements are contracts that are made by parties who are competent to enter into a contract. The person should be of the age of majority; that is to say, 18 years to be competent. A minor’s agreement has no value in the eye of the law, and it is null and void as it cannot be enforced by either party to the contract. And even after he attains majority, the same agreement could not be ratified by him. In the present case however, as per my opinion, the contract was complete when the offeror had attained the age of 18. keeping in mind that such contract does not fall into certain kinds of contracts which are expressly declared by The Indian Contract Act, 1872 to be null and void, the contract may be valid. Regards

Nitish   08 October 2021

It is Valid As The Time Of Acceptance He Was Major Thus It Is Valid Contract

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