Mortgage - In favour of minor - Minority of mortgagee renders it void ab initio - law cannot be read differently for a minor who is a mortgagor and a minor who is a mortgagee as there are rights and liabilities in respect of the immovable property would flow out of such a contract on both of them.

Citation

AIR 2014 SUPREME COURT 2277

SUPREME COURT(From : Kerala)

MRS. GYAN SUDHA MISRA, J. and V. GOPALA GOWDA, J.

Civil Appeal No. 4479 of 2007, D/-25-4-2014

Mathai Mathai v. Joseph Mary alias Marykkutty Joseph

(C)Transfer of Property Act (4 of 1882), (Para 12)S.58 - Contract Act (9 of 1872), S.11 - Mortgage - In favour of minor - Minority of mortgagee renders it void ab initio.Contract Act, 1872 clearly states that for anagreement to become a contract, the parties must becompetent to contract, wherein age of majority is acondition for competency. A deed of mortgage is acontract. A mortgage in the name of a minor cannotbe held valid, simply because it is in the interests ofthe minor unless he/she is represented by her/hisnatural guardian or guardian appointed by the Court.The law cannot be read differently for a minor who is a mortgagor and a minor who is a mortgagee as there are rights and liabilities in respect of the immovable property would flow out of such a contract on both of them.(Para 10)

Equivalent citations: AIR 2014 SUPREME COURT 2277, 2015 (5) SCC 622, 2014 AIR SCW 2793, 2014 (3) AIR KANT HCR 132, (2014) 4 ALLMR 417 (SC), (2014) 2 CLR 89 (SC), (2014) 4 KCCR 438, (2015) 4 ICC 278, 2014 (4) ALLMR 417, 2014 (6) SCALE 41.2, (2014) 140 ALLINDCAS 246 (SC), (2014) 4 PUN LR 815, 2014 (2) CLR 89, AIR 2014 SC (CIVIL) 1574, (2014) 2 RAJ LW 1607, (2014) 3 ALL RENTCAS 293, (2014) 4 MAD LW 736, (2014) 125 REVDEC 124, (2014) 5 ANDHLD 51, (2014) 6 SCALE 41(2), (2014) 105 ALL LR 713