Contract


If a minor (16 years old) is against entering into a contract but his Legal Guardian (Father) is forcing him to do so, what remedies can he take?? And if such contract is made, will it be a valid one??

 
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ha21@rediffmail.com Mumbai : 9820174108

1. A Contract /Agreement executed by Legal Guardian, on behalf of Minor person, is legally Final & Irrefutable & binding on the Minor on attaining Majority. There is no exception to this.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

 
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Lawyer

Dear Mr. Ishaan, 

Being a legal persona you know the law.applicable qua competency to contract

Best wishes

 
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Advocate

Nothing more to be added  i do stand with experts answer

 
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Retired employee.

It appears that the guardian is forcing the minor to sign the agreement, suppressing his minor  status and using undue influence.  The proper way is to inform the other party that you are a minor preferably through proper communication or oral statement through a friend or relative to escape wrath of the guardian.

 
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CEO

[1] A minor can not sign or enter into any contract willingly or otherwise, [2] His legal guardian has the right to enter into a contract on the minor's behalf.


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Advocate

Minor cannot enter into contract. It is void ab initio.


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Retired Manager

The question is infructuous. A Guardian can act on behalf of the Minor under his ward. He need not ask permission or ask such a minor to sign any papers. Where is the question of coercion?  

 

If the Guardian is forcing such guardian to misrepresent his age and enter into the contract, such contract shall be not valid. Any agreement or legal document shall have full facts including the date of birth of the parties concerned. In present-day circumstances, everybody is insisting on verifying the PAN or Aadhar Card of the parties concerned in which case the date of birth of the minor shall be known to the other parties of such agreement.

 

I am sure it is an academic question but not based on real facts.

 

 


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Retired employee.

Ulterior Motives with good planning in advance to state that the contract is void (Orginal query: If a minor (16 years old) is against entering into a contract but his Legal Guardian (Father) is forcing him to do so) or in case of sale of the ancestral property the insisting of a signature by his son also by the alleged purchaser, who is not aware of the age of seller's son.  There is a possibility of such presumptions when the father wants his son to sign knowing such invalidity (Even his son is aware and consulting a forum through a friend/well-wisher)


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Advocate

A minor child cannot sign or enter into a contract.

However his/her guardian can enter into a contract on behalf of the minor and the said guardian need not obtain permission form the minor for this act, also any such permission obtained from the minor for this purpose is also not valid. 

Under certain circumstances, a guardian of a minor can enter into a valid contract on behalf of the minor. Such a contract, which the guardian enters into, for the benefit of the minorcan also be enforced by the minor. However, guardians cannot bind a minor by a contract for buying immovable property.

guardian of a minor cannot bind the minor by an agreement for the purchase of immovable property ; so the minor cannot ask for the specific performance of the contract which the guardian had no power to enter into.

Therefore, for contracts with minor to be legally enforceable, a guardian, who is major is needed. Ratification of transaction is accepted once a minor has attained the age of majority as per the section 196, 197 and 198 of the India Contract Act of 1872.

 


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