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Chaaru Is Her Guardian
Chaaru Is Her Guardian
18 years, A minor is an individual who has not attained the age of 18 years and
the attaining majority for every contract is an essential condition precedent. As
per Indian law, minor’s agreement stands void, which means that it has no stand
whatsoever in the eyes of the law. So a contract with minor stands null and void
since either party can not impose it. And even after the person attains majority,
the same agreement cannot be ratified by him. As a minor’s agreement is void,
he could not validate it through ratification on attaining majority. A minor is not
permitted by law to enter into a contract. Hence, where a minor enters into a contract with a
major person, the contract is not enforceable. This effectively means that neither the minor
nor the other party can make any claim on the basis of the contract. In a contract with a
minor, if the other party hands over any money or confers any other benefit on the minor, the
same shall not be recoverable from the minor unless the other party was deceived by the
minor to hand over money or any other benefit. The other party will have to show that (the
minor misrepresented her age, he was ignorant about the age of the minor and that he handed
over the benefit on the basis of such representation.
Ajay convinces Bandita, a girl aged 18 that she should sell her land to him. Bandita's mother
Chaaru is her guardian. Nonetheless Bandita, without the permission of Chaaru, sells the land
to Ajay for a total sum of rupees fifty lakh, paid in full and final settlement of the price.
Chaaru challenges this transaction claiming that Bandita is a minor and hence the possession
of the land shall not be given to Ajay. Thus Ajay is in a difficult situation and has no idea
how to recover his money from Bandita.
2. Ajay can be allowed to recover the money only if he can show that:
He was deceived by Bandita who misrepresented her age.
He honestly believed that Bandita was empowered under the law to sell the
land.
He was an honest person who had paid the full price of the land to Bandita.
Both (a) and (b).
Explanation- Ajay can be allowed to recover the money only if he can show that he was
deceived by Bandita who misrepresented her age.
Explanation- In order to defend the sale, Bandita will need to show that she
has attained the age of majority. If she can successfully illustrate in court that
Bandita was a major and capable of administering and transferring the
property, then no questions can be raised on the transaction.