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A minor personally executes a transfer of their own property. After the transferor reaches majority,…

Section 7 of the Transfer of Property Act, 1882 requires the transferor to be competent to contract. Under Section 11 of the Indian Contract Act, 1872 and Mohori Bibee v.…

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A minor personally executes a transfer of their own property. After the transferor reaches majority, what is the legal status of that transfer?

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Answer and explanation

Correct answer D

Section 7 of the Transfer of Property Act, 1882 requires the transferor to be competent to contract. Under Section 11 of the Indian Contract Act, 1872 and Mohori Bibee v. Dharmodas Ghose, (1903) 30 IA 114, a minor lacks that competence. A transfer personally executed by a minor as owner is void from the outset. Attaining majority does not validate the old transfer.

Option feedback

Option A

Attaining majority does not permit ratification of a transaction void from the outset.

Option B

Later confirmation does not validate a transfer made personally by the minor while incompetent to contract.

Option C

Voidable transactions operate unless avoided. A transfer personally made by a minor as owner is void from the outset.

Option D

The transfer was void when made because the minor lacked contractual competence.

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