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R.M.Bhaduri (Lawyer)     03 June 2009

lease deed executed in favour of minor

Whether a lease deed can be executed in favour of a minor and what are the remedies available to the lessor if lessee minor fails to discharge his duties?


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 2 Replies

A V Vishal (Advocate)     03 June 2009

Section 7 of the Transfer of Property Act provides that " every person competent to contract and entitled to transferable property is competent to transfer such property" but it is not provided any where in the Act that a person not competent to contract is incapable of being a transferee of property. Transfers in favour of a minor stands on a different footing. A duly executed transfer by way of sale or mortgage, or sale in favour of a minor who has paid the consideration is not void, and is enforceable by the minor, or any one on his behalf.

In the instant case it appears that it is not a purchase of a free hold property but a lease hold right in the property only. The ownership of the property still vest with the lessor. A lease imposes upon the minor obligations to pay rent and perform covenants. Consequently, it has been held that a lease to a minor is void (Pramila Bali Das Vs. Jagesher, A.I.R./- 1918-PAT-626) the only exception to this proposition is that a dejure guardian may be appointed by the court in respect of such transfers.

V.S.R.Deekshitulu (B.Sc, B.L)     05 June 2009

R.M.Bhaduri

You can take the assistance of the contract Act also. The contract with a minor is void. It is good that Mr Vishal has referred to the provisions of T.P.Act.  The gurdian has no role to play and the appointment of a guardian arises only in cases where the person and property of the minor is to be adminstered.

I think this is sufficient for your question


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