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Can a minor be a party to an agreement
28-Sep-2023 (In Documentation Law)
I intend to buy an apartment in Mumbai where the registered owner died earlier this year and the property got transferred in the name of his wife. The building society has endorsed her name on the share certificate as well. She has three kids one daughter 21 years, elder son 24 years and younger son 17 years 4 months. Now the problem is my documents consultant is saying that the registration requires all Legal Heirs to be included as the parties on the sale agreement but the younger son cannot be made a party because he is still a minor. So basically with him I cannot get into any agreement and without him this agreement wont happen. They gave me two options 1. Wait till the minor becomes 18 2. Get the court permission for this agreement (but that can take up to 4 months to procure) Is there any way in between that is legally possible?
No, minor cannot be a party to an agreement.
Minors (those under the age of 18, in most states) lack the capacity to make a contract. So a minor who signs a contract can either honor the deal or void the contract. There are a few exceptions, however. For example, in most states, a minor cannot void a contract for necessities like food, clothing, and lodging.
Minors (those under the age of 18, in most states) lack the capacity to make a contract. So a minor who signs a contract can either honor the deal or void the contract. There are a few exceptions, however. For example, in most states, a minor cannot void a contract for necessities like food, clothing, and lodging.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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