Minor under Indian Contract Act
What is a Contract?
According to section 2(h) of The Indian Contract Act, 1872, any agreement enforceable by law is a contract.
Can a Minor enter into a Contract?
No, a minor cannot enter into a contract as per the provisions of the Indian Contract Act, 1972.
Who is a Minor?
According to the laws of the country, any person who has not completed the age of majority is a minor.
What is the age of Majority in India?
The Indian Majority Act, 1875 defines Majority under Section 3(1) of the act. Under this section, it is written that a person shall attain the age of majority only when he/she shall complete 18 years.
Can a Minor become a Partner?
A minor being incompetent to enter into a contract, cannot be a partner in a partnership firm. However, under Section 30 of the Indian Partnership Act, 1930, he can be admitted to the ‘benefits of partnership’ with the consent of all the partners by an agreement.
Minor: Meaning, Minor’s Agreements and Exception
The Indian Contract Act, 1872 defines a contract as any agreement that is enforceable by law. According to the act, there are several essentials of a valid contract, and if any of these essentials are missing, then the agreement cannot be called a valid contract. Some of the main essentials of a valid contract are offer and acceptance, lawful consideration, lawful object, intention to create a contract, and competence of the parties. The competence of parties to enter into a contract is explained in section 11 of the Indian Contract Act, of 1872.
Meaning of ‘Contract’ as per The Indian Contract Act, 1872
The Indian Contract Act, 1872 defines the term “Contract” under its Section 2(h) as “An agreement enforceable by law”. In other words, we can say that a contract is anything that is an agreement and enforceable by the law of the land.
Geeky Takeaways:
- Any contract by a minor is a void contract and cannot be enforceable by law.
- According to the laws of the country attaining the age of majority is one of the essential requirements of a valid contract.
- The Indian Contract Act, 1872 explains that any person who has attained the age of majority as per the law, is of sound mind, and is not disqualified by law to agree is competent for entering into any contract.
- The Indian Apprentices Act, 1850 allows minors to enter into a contract in certain exceptional cases.
Table of Content
- Who is a Minor?
- Case Law: Mohiri Bibi v. Dharmodas Ghosh
- Effects of Minor’s Agreement
- Exception to General Rule
- Can a Minor be a Partner?
- Conclusion
- Minor under Indian Contract Act- FAQs