Contract lawMinorPrivy Council (on appeal from Oudh)

Nawab Sadiq Ali Khan v Jai Kishori

[1928] UKPC 27; (1928) 30 Bom LR 134619281 min read
The case in brief30-second read
Facts
On 18 April 1908 Baqar Ali Khan and Ali Ahmad Khan mortgaged property, which their mother had gifted to them and their siblings in 1902, to secure a loan of Rs 7,000.
Held
The mortgage was executed by persons who were minors at the time, so it was a nullity under Indian law.
Principle
A mortgage executed by minors is void under Indian law, and a deed executed by a minor cannot found an estoppel against him.
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Facts

  • On 18 April 1908 Baqar Ali Khan and Ali Ahmad Khan mortgaged property, which their mother had gifted to them and their siblings in 1902, to secure a loan of Rs 7,000
  • In 1923 the mortgagee (the first respondent) sued for about Rs 32,632 and, in default, sale of the mortgaged property
  • The defence was that both mortgagors were minors when they executed the mortgage; a guardianship certificate of 1903 recorded their births as 11 February 1891 and 19 December 1892
  • The Subordinate Judge of Lucknow found them minors and dismissed the suit (30 April 1924); the Judicial Commissioner of Oudh reversed (27 May 1925), and the mortgagors' representatives appealed to the Privy Council

Held

  • The mortgage was executed by persons who were minors at the time, so it was a nullity under Indian law.
  • A deed executed by minors cannot support a plea of estoppel against them.
  • The appeal was allowed and the mortgagee's suit dismissed.

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Citation

Nawab Sadiq Ali Khan v Jai Kishori [1928] UKPC 27; (1928) 30 Bom LR 1346

Reported: https://indiankanoon.org/doc/1152977/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.