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A mortgage deed names a minor as the mortgagee. Neither a natural guardian nor a guardian appointed by…

Section 11 of the Indian Contract Act, 1872 requires majority for contractual capacity. In Mathai Mathai v. Joseph Mary, the Supreme Court held a mortgage in the…

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A mortgage deed names a minor as the mortgagee. Neither a natural guardian nor a guardian appointed by the court represents the minor in the transaction. What is the legal effect of the deed on those facts?

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Answer and explanation

Correct answer B

Section 11 of the Indian Contract Act, 1872 requires majority for contractual capacity. In Mathai Mathai v. Joseph Mary, the Supreme Court held a mortgage in the unrepresented minor’s own name void despite its claimed benefit to the minor.

Option feedback

Option A

The adult’s consent does not supply the contractual capacity required by section 11.

Option B

Mathai Mathai holds such an unrepresented mortgage void from the beginning. The benefit to the minor does not cure the defect.

Option C

The judgment treated the mortgage as void from the beginning. Avoidance by election is a different consequence.

Option D

The Supreme Court rejected a categorical distinction based on whether the unrepresented minor was mortgagee or mortgagor.

Option E

The choice “The deed is void for want of the minor’s contractual capacity” answers the question under the stated premise.

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