Position and Legal Status of Minor in India
Position and Legal Status of Minor in India
1. Who is a Minor?
Section 3 of Indian Majority Act, 1875:
A person who has not completed 18 years of age is a minor.
Exception: If a guardian of the minor’s person or property is appointed by court, or if property is under supervision of Court of Wards, majority is attained at 21 years.
2. Legal Status of Minor under Contract Law
(A) Competency to Contract
Section 11, Indian Contract Act, 1872:
A minor is not competent to contract.
Any agreement with a minor is void ab initio (void from the beginning).
Case Law: Mohori Bibee v. Dharmodas Ghose (1903)
Facts: A minor executed a mortgage in favour of a moneylender. Later, he sought cancellation.
Held: Any agreement with a minor is absolutely void.
Principle: A minor is incompetent to contract.
(B) No Estoppel Against Minor
A minor can plead infancy as a defence, even if he has misrepresented his age while contracting.
He cannot be forced to perform an agreement on grounds of estoppel.
Case: Leslie v. Sheill (1914)
Minor borrowed money by misrepresenting his age.
Held: He cannot be compelled to repay under contract; at most, restitution (return of benefit) may apply if possible.
(C) No Ratification on Attaining Majority
A contract made during minority cannot be ratified after attaining majority.
A fresh contract must be executed.
Case: Suraj Narain v. Sukhu Aheer (1928)
Minor’s promise during minority was sought to be enforced after he attained majority.
Held: Ratification is not valid; new contract required.
(D) Beneficial Contracts
Though minors cannot be bound by contract, they can enforce contracts for their benefit (e.g., scholarship, apprenticeship).
Case: Raghava Chariar v. Srinivasa (1916)
Held: A minor can enforce a contract if it is for his benefit and does not impose obligations.
3. Legal Status under Property Law
Transfer of Property Act, 1882:
A minor can be a transferee (property can be gifted or transferred to him).
But a minor cannot transfer property (since he is incompetent to contract).
Case: Subramanyam v. Subba Rao (1948)
Held: Transfer of property by a minor is void.
4. Legal Status under Partnership Law
A minor cannot be a full partner.
But under Section 30, Indian Partnership Act, 1932, a minor may be admitted to benefits of partnership with consent of all partners.
On attaining majority, he must decide whether to become a partner.
5. Legal Status under Guardianship and Family Law
Hindu Law: Minor cannot act as guardian of another minor.
Guardian can enter into contracts on behalf of minor if it is for minor’s benefit.
Marriage of a minor is voidable under Prohibition of Child Marriage Act, 2006.
6. Position under Criminal Law
Indian Penal Code, 1860:
Section 82: A child below 7 years → absolutely no criminal liability.
Section 83: A child between 7–12 years → no liability if he has not attained sufficient maturity of understanding.
7. Summary of Position
Contracts: Void ab initio; cannot ratify; but can enforce beneficial contracts.
Property: Can receive property; cannot transfer property.
Partnership: Can be admitted to benefits; not a partner.
Family Law: Needs guardian; contracts by guardian valid if for benefit.
Criminal Law: Protection under IPC (Sections 82–83).
Overall Status: Minor is treated as incompetent for obligations, but law protects his interests and allows beneficial transactions.
Conclusion (Exam Answer Style)
The law in India regards minors as persons requiring protection, not burden. They cannot enter binding contracts (Mohori Bibee case) and cannot transfer property, but can receive benefits under contracts, property law, and partnerships. Under criminal law, they enjoy immunity up to a certain age. Thus, while a minor is not competent to contract, the law safeguards his interests and prevents exploitation, balancing protection with limited rights.
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