LawRato

Land seller misrepresented his age as major but he was minor, advise.


30-Jan-2023 (In Property Law)
Hi, I purchased a plot in 1991, the seller purchased the plot in 1990, in which he claimed his age as 19, while selling the plot to me in 1991 he claimed his age to be 20. Now he has issued legal notice that on date of execution of the sale deed to me, his age was some 200 days short of 18 years and that the sale deed executed in favor of me stands cancelled. Please advice and thanks in advance.
Answers (1)

Answer #1
690 votes
Any contract entered into with a minor is void abinitio(from the beginning). Though the minor has mis-repesented the age it will not act as estoppel against him. Because the law says "there is no estoppel against a statute". But in your case if the minor had received any benefits from the sale he has to restore it to you. Only in case if a guardian has entered into contract on behalf of minor with a third party without the permission of the Court in such a case the minor can avoid the contract within three years from the date of his attaining majority . The sale deed executed in your case is not binding on the minor. So you can reply to the notice and demand for return of consideration paid by you.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."