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Under Indian law, a minor personally purports to grant a lease of the minor’s land. What is the legal…

Section 7 of the Transfer of Property Act, 1882 links competence to transfer to competence to contract. Section 11 of the Indian Contract Act, 1872 requires majority. The…

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Under Indian law, a minor personally purports to grant a lease of the minor’s land. What is the legal effect of that grant?

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Answer and explanation

Correct answer B

Section 7 of the Transfer of Property Act, 1882 links competence to transfer to competence to contract. Section 11 of the Indian Contract Act, 1872 requires majority. The purported lease personally granted by a minor is therefore void.

Option feedback

Option A

Ownership alone does not satisfy the requirement of competence to contract.

Option B

The minor personally lacks competence to make the transfer under section 7.

Option C

The deficiency is lack of capacity to make the grant, so it does not create a lease that the tenant can elect to avoid.

Option D

Payment of rent does not give the minor the capacity required to make the grant.

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