Comprehension

Rules:
A. A minor is a person who is below the age of eighteen. However, where a guardian administers the minor’s property the age of majority is twenty-one.
A. A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.
A. In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that the minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation.
Facts: Ajay convinces Bandita, a girl aged 18 that she should sell her land to him. Bandita’s mother Chaaru is her guardian. Nonetheless Bandita, without the permission of Chaaru, sells the land to Ajay for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Chaaru challenges this transaction claiming that Bandita is a minor and hence the possession of the land shall not be given to Ajay. Thus Ajay is in a difficult situation and has no idea how to recover his money from Bandita.

Question: 1

Chaaru is justified in challenging the sale transaction because:

Show Hint

When a minor’s property is managed by a guardian, the legal age of majority for contracts involving that property becomes 21, not 18.
Updated On: Aug 11, 2025
  • Bandita is of unsound mind and is not in a position to make rational decisions.
  • Though Bandita is eighteen year old, she will be treated as a minor, as Chaaru is her guardian.
  • Though Bandita is eighteen year old, she cannot sell the land without the permission of her mother.
  • Though Bandita is eighteen year old she should not be treated like a person who has attained the age of majority.
Hide Solution
collegedunia
Verified By Collegedunia

The Correct Option is B

Solution and Explanation

Step 1: Refer to Rule A

Rule A defines a minor as a person below 18 years of age.
However, if a guardian administers the property, the age of majority is raised to twenty-one.

Step 2: Apply the Rule to Bandita's Case

Bandita is exactly 18 years old, so under normal conditions she would be considered a major.
However, the facts clearly state that her mother, Chaaru, is her guardian, and Bandita acted without her guardian’s permission.
Therefore, under Rule A, Bandita is still a minor for the purposes of this property transaction.

Step 3: Eliminate Incorrect Options

(a) is incorrect — there is no evidence of Bandita being of unsound mind.
(c) is partly true but does not explain the legal justification based on age and guardianship.
(d) is vague and does not refer to the specific rule about guardianship extending the age of minority.
(b) clearly matches Rule A and the facts — hence, it is the correct answer.

% Final Answer \[ \boxed{\text{(b)}} \]
Was this answer helpful?
0
0
Question: 2

Ajay can be allowed to recover the money only if he can show that:

Show Hint

To recover money from a minor’s contract, one must prove both deception and honest belief in the minor’s legal capacity.
Updated On: Aug 11, 2025
  • He was deceived by Bandita who misrepresented her age.
  • He honestly believed that Bandita was empowered under the law to sell the land.
  • He was an innocent person who had paid the full price of the land to Bandita.
  • Both (a) and (b).
Hide Solution
collegedunia
Verified By Collegedunia

The Correct Option is D

Solution and Explanation

Step 1: Refer to Rule C

If the other party is deceived by a minor into believing they are not a minor, and gives money or any benefit — it cannot be recovered.
But if the other party can prove they were misled or acted in good faith, it strengthens their legal position.

Step 2: Apply to Ajay’s Case

Bandita is a minor under Rule A (because of the guardian).
Ajay believed Bandita was capable of contracting and did not know she was a minor.
He paid the full amount in good faith.
If he can show (a) he was deceived, and (b) he honestly believed she was authorized, he may recover.

Step 3: Eliminate Incorrect Options

(a) and (b) both are required to support recovery under Rule C.
(c) is insufficient — innocence alone doesn’t guarantee recovery.
Hence, (d) is the best legal inference.

\[ \boxed{\text{(d)}} \] %Quick tip
Was this answer helpful?
0
0
Question: 3

In order to defend the sale, Bandita will need to show that:

Show Hint

To defend a contract as valid, a minor must prove they’ve attained legal majority, especially when guardianship is involved.
Updated On: Aug 11, 2025
  • Bandita has attained the age of majority.
  • Bandita is mature enough to make rational decisions regarding her own affairs.
  • The sale transaction was beneficial to her interest and will enhance her financial status.
  • None of the above.
Hide Solution
collegedunia
Verified By Collegedunia

The Correct Option is A

Solution and Explanation

Step 1: Refer to Rule A

Rule A defines a minor as a person below 18.
However, if a guardian administers the minor’s property, the age of majority becomes 21.
Bandita’s mother, Chaaru, is her guardian. Hence, legal majority is not reached at 18.

Step 2: Legal Requirement to Defend a Sale

To validate a contract made without guardian’s permission, Bandita must show she has full legal capacity.
That means proving she is no longer under guardianship — i.e., she has attained the age of majority (21 in her case).

Step 3: Eliminate Incorrect Options

(b) Rational maturity is not enough — legal majority is required.
(c) Benefit from the contract does not override the law on minors.
(d) is invalid — (a) is the only legally sound defense.

% Final Answer \[ \boxed{\text{(a)}} \]
Was this answer helpful?
0
0
Question: 4

Which of the following is correct?

Show Hint

Contracts with minors may be void, but courts can still grant relief to prevent unjust enrichment of the minor or their guardian.
Updated On: Aug 11, 2025
  • Ajay should be allowed to recover the money because even though there is no contract, Bandita and Chaaru should not be allowed to unjustly benefit from Ajay’s money.
  • Ajay should be allowed the possession of the land because Chaaru can always decide to approve the transaction between Ajay and Bandita.
  • Ajay should not be allowed to recover because he induced Bandita, a minor, to sell the land.
  • None of the above.
Hide Solution
collegedunia
Verified By Collegedunia

The Correct Option is A

Solution and Explanation

Step 1: Understand Rule B and C

Rule B: Contracts with minors are not legally binding.
Rule C: Even if money is exchanged, it cannot be recovered unless there is fraud or unjust enrichment.

Step 2: Apply to Ajay’s Situation

Ajay paid \rupee 50 lakhs for land but did not receive it.
Though the contract is void, keeping the money without returning it results in unjust enrichment.
Courts may allow recovery under principles of equity — to prevent minors/guardians from unfairly profiting.

Step 3: Evaluate Options

(a) is correct — aligns with legal principles of restitution and fairness.
(b) is incorrect — Chaaru already disapproved; post-hoc approval isn't valid.
(c) is incorrect — even if Ajay induced, unjust enrichment allows claim recovery.
(d) is wrong — (a) is best supported by law and facts.

% Final Answer \[ \boxed{\text{(a)}} \]
Was this answer helpful?
0
0
Question: 5

Which of the following is correct?

Show Hint

Even when a minor cannot be sued under contract, recovery may be permitted in equity to avoid unjust enrichment of the minor or their guardian.
Updated On: Aug 11, 2025
  • If Ajay is allowed to recover the money, that will defeat the law framed for protecting the minors against fraudulent persons.
  • If Ajay is not allowed to recover that will cause him injustice as he has not paid off the entire sale price.
  • If Ajay is allowed to recover, Chaaru will benefit from both the money and the land.
  • None of the above.
Hide Solution
collegedunia
Verified By Collegedunia

The Correct Option is C

Solution and Explanation

Step 1: Revisit Key Legal Principles

Rule B: Contracts with minors are void and unenforceable.
Rule C: Even if money is paid, it is not recoverable unless the minor committed fraud or unfair enrichment results.
Equity may allow recovery to prevent unjust gain.

Step 2: Facts Recap

Ajay paid \rupee 50 lakhs to Bandita.
Chaaru, the guardian, blocked the land transfer.
Thus, Bandita and Chaaru retain both the money and the land — unless recovery is allowed.

Step 3: Analyze Options

(a) is incorrect — recovery doesn't defeat protection laws, it ensures justice and prevents enrichment.
(b) is incorrect — Ajay has already paid the full amount, not partially.
(c) is correct — Chaaru keeps both land and money if recovery is disallowed, which is inequitable.
(d) is incorrect — (c) is correct.

% Final Answer \[ \boxed{\text{(c)}} \]
Was this answer helpful?
0
0

Questions Asked in CLAT exam

View More Questions