Master the Science Behind Firearm Evidence. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Jagannath   05 November 2025

Minor added as consenting witness mistakenly

A registered sale deed was executed where the absolute owner (father) sold the property.

As a precaution, the wife and daughter were added as consenting witnesses.

Subsequently, it was discovered that the daughter was a minor on the date of execution — she was about 10 days short of attaining majority.

Need legal advice on whether this should be done through:

  1. A Rectification Deed — to delete her name as consenting witness (since she was a minor and had no legal capacity); or
  2. A Confirmation Deed / Affidavit after she attains majority — confirming that her earlier signature was inadvertent and has no effect.

Kindly help to fix this issue.

Ensuring 

  • Sale deed remains valid and enforceable; and
  • Removal or neutralization of minor’s signature as consenting witness (either through rectification or post-majority confirmation).

 

 

 



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     05 November 2025

The vendor (father) was the absolute owner, and the sale deed was executed by him alone.

The wife and daughter were merely consenting witnesses — not co-owners, executants, or confirming parties.

A minor has no contractual capacity under Section 11 of the Indian Contract Act, 1872.

Therefore, her signature as a “consenting witness” has no legal effect, positive or negative, on the sale deed’s validity.

The sale deed remains valid and enforceable because:

It was executed by the lawful owner.

Consideration passed.

Title was transferred under Section 54, Transfer of Property Act.

Dr. J C Vashista (Advocate )     06 November 2025

I fully agree and appreciate the opinion and advise of learned senior expert Mr. T Kalaiselvan.

Sale transaction is valid despite the fact one of the two witnesses (daughter) was minor at that point of time.

What is your concern / locus standi / problem?

Jagannath   06 November 2025

Thank you Kalaiselvan Sir and Dr J C Vasishta Sir for your advise.

if understand correctly., the only part relating to Minor signing as Executant ( as consenting witness) become in operative , rest of the sale deed remains fully valid and enforceable.

However to make the records clean., if we get signed confirmation/rectification deed from Vendor removing Minor as consenting witness., rest all remaining same - Is this doable Sir ? 

Really appreciate your advise ? 

T. Kalaiselvan, Advocate (Advocate)     06 November 2025

In my opinion, you may better remain silent about it without complicating the simple things.

The significance of consenting person is actually nil in the given situation hence you may act prudently.

Dr. J C Vashista (Advocate )     06 November 2025

No need to proceed, leave all ideas and efforts, everything is valid and in order.

Jagannath   07 November 2025

Ok Sir thank you!


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register