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Thus a minor can purchase an immovable property and also can sue for the possessions upon the tender of the money. The minor does not have a restriction to be a promisee or payee in a contract. One can bring a minor into a contract if he is beneficiary for the contract. But, if he has converted or sold them, then the law cannot sue him. Whereas if a minor purchases a property by hiding his age, then the purchased property will be returned. An agreement of a minor stands as a doctrine of restitution. The minor to avoid a contract can plead his infancy. But in certain mishaps, he will be liable to it. Even if any mishaps take place, he is not responsible. The minor is not liable for inducing another party into a contract. If a minor enters into a contract by misrepresenting the age, then no one can stop him or her from disclosing their age. The age of the majority for land transactions will depend upon the law where the land is located.

The age of the majority for ordinary mercantile transactions will depend upon the law of the country where they make the contract. Muhammad Hussain has set specific guidelines. If a party is from India and another party from a foreign country, then there will more than one law that will be applicable in the contract. But if a minor enters into a contract knowing his incapability, then such a contract shall work independently of any contract. These immunities do not let the minors to enter into a contract. In addition to that, it takes custody of the well being and the property of the minor. The State provides the Minors with civil and criminal immunities. A contract or agreement with a minor is null from the beginning, and no one can sue them. Below the age of 18 years does not have the capacity to enter into a contract. In India, 18 years is the age of majority. Those who cannot contract because they are disqualified under the contracting lawĪny person who is not of the age of majority is a minor.Minors who have not crossed the majority age.The following are the people who do not have the capacity to contract:

To make a contract, certain people are not eligible.

Those who can contract because they are qualified under the contracting law.

People who have crossed the majority age.

The following are the people who have the capacity to contract: To make a contract, only certain people are eligible. This article deals with the basic components necessary for a person to be competent to make a contract. But only certain persons have the competency or the capacity to make a contract. The capacity to contract binds the parties of the contract with a promise to oblige by it. Learn » MCA » Capacity to Contract Capacity to ContractĬapacity to contract means the competency to enter into a valid contract legally.