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Ananya Upadhyay   28 November 2019

Minor

Explain minor's liability for necessaries supplied to him during minority.


Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     28 November 2019

What is your problem?  A parent/guardian shall provide to him/her child are food, shelter, cloth etc.,

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     29 November 2019

Originally posted by : Ananya Upadhyay
Explain minor's liability for necessaries supplied to him during minority.

1. Minor being legally incapable of creating any legal asset /liability under the parameters of Contract Act, is legally NOT liable for ANY liability or whatever, that may have been provided to him by WHOSOEVER, in any capacity, whatsoever.  This is till the Minor remains of Minor age and similarly no liability would accure to the now Major person, for the "necessaries supplied" to minor, when he was a minor.

2. HOWEVER, "IF" a third party has "supplied" (sic) the so called "necessaries" to somebody elses Minor person, THEN that somebody else would be civily liable to the third party.

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

 

Ananya Upadhyay   29 November 2019

thanks for the answer

G.L.N. Prasad (Retired employee.)     29 November 2019

This is not as simple as assumed, and it should be a defense by a lender or his guardian for advances against a minor (in case of disputes by minor or his guardian) stating that the amount was used for necessities of the minor.  EX: Education, professional fees, accommodation, food, hospitalization, litigation expenses for protecting his share of property, etc. What are the necessities has to be considered by the Court and misrepresentations if any minor or by the guardian if any also plays a part?

Search in google as to specific findings in judgments as to what amounts to necessities and always inform facts of a specific case and not use the forum for examination point of view to score better marks with ready-made answers from expert forum.

Dr J C Vashista (Advocate)     30 November 2019

What is your problem for obligation of experts? 

Sankaranarayanan (Advocate)     05 December 2019

we appericiate you ,, if you raise legal queires


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