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smith sharma (lecturer)     18 September 2008

POSITION OF MINOR

Hi,


      All the respected members of this forum pls solve my query.


my query is-what is the position n rights of minor in contract n  Negotiable Instrumental law?


Thanx.


With regards,


Miss. Smith Sharma[lawyer]



 2 Replies

Vikram Chandra (Advocate)     18 September 2008

Dear Smith,


               As you might be aware that a minor is not competent to enter into any contract. Hence the question does not arise with regard to the rights of a minor, provided that the guardian or the next friend of a minor is made party to the suit proceedings. However, I feel that your question must be more precise for an appropriate advise. 


regards

Shree. ( Advocate.)     18 September 2008

Dear Smith,


    A minor is not competent to contract and, therefore, he cannot bind himself by becoming a party to the negotiable instrument. Section 26 provides that “A minor may draw, endorse, deliver and negotiate such instruments so as to bind all parties except himself.” An instrument does not void just because a minor is party to it. It remains binding on all other parties.


 


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