Mathai Mathai Vs. Joseph Mary @ Marykkutty Joseph & Ors.
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Head Note
Indian Contract Act, 1872 - Section 11 , Section 58
Mortgage deed - Of one of the party is minor not represented by Guardian - the Deed is void abintio Since it is a simple mortgage and no possession was delivered certificate issued under Section 4A of the K.L.R. Act is void - Apex court confirmed - It is open to the parties to litigate before the appropriate court with regard to the ownership rights of the property under the relevant provisions of law to get their rights settled upon the property in question.
Topic(s)-Mortgage deed