A, a minor, is the sole owner of a property inherited from his father. He decides to mortgage the property to B, a moneylender, to secure a loan of ₹50,000. At the time of the transaction, B is aware that A is a minor bu
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2025
A, a minor, is the sole owner of a property inherited from his father. He decides to mortgage the property to B, a moneylender, to secure a loan of ₹50,000. At the time of the transaction, B is aware that A is a minor but still proceeds with the mortgage deed. After receiving a portion of the loan amount, A refuses to pay back the loan and files a suit claiming that the contract is void as he is a minor. B argues that since A has benefited from the transaction, he must either return the money received or the contract should be specifically enforced against him. He further contends that A's guardian has ratified the contract, making it binding. Based upon the case study, answer the following questions: Examine the legal and equitable considerations governing the enforceability of a minor's contract. Under what circumstances can specific performance be sought in such cases.
Answer & Explanation:
Under the Specific Relief Act, 1963, specific performance of a contract is generally not granted if the contract itself is void. Since a minor's contract is void, specific performance cannot be enforced against A. Additionally, even if A's guardian ratified the contract, it would not make it valid, as a contract with a minor cannot be ratified upon attaining majority. However, if the minor has misrepresented his age fraudulently, restitution may be considered under equity, but not enforcement of the contract itself.
Topics: Specific Relief Act, 1963
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