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A property worth Rs. 25,000/- was agreed to be sold for Rs. 8,000/-. The mother of "X" moves the court…

Under Sections 11 and 12 of the Indian Contract Act, 1872, a person is of sound mind for the purpose of contracting only if, at the time when he makes the contract, he is…

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A property worth Rs. 25,000/- was agreed to be sold for Rs. 8,000/-. The mother of "X" moves the court for setting aside the agreement on the ground that "X" is a congenital "Idiot". In this context, which one of the following is the correct answer?

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Correct answer C

Under Sections 11 and 12 of the Indian Contract Act, 1872, a person is of sound mind for the purpose of contracting only if, at the time when he makes the contract, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests. An agreement entered into by a person of congenital unsoundness of mind is wholly void ab initio (and not merely voidable at his option). As held in Inder Singh v. Parmeshwardhari Singh (AIR 1957 Pat 491) on similar facts, the mother will succeed in having the agreement set aside as void.

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