Who are competent to contract
Section 11 of the Indian Contract Act, 1872 deals with who are competent to contract. Every person is competent to contract who is of the age of majority according to the law to which he is subject1 , and who is of sound mind and is not disqualified from contracting by any law to which he is subject. The Act came into force on 01 Sep 1872.
Every person is competent to contract who is of the age of majority according to the law to which he is subject1 , and who is of sound mind and is not disqualified from contracting by any law to which he is subject.
Section 11, The Indian Contract Act, 1872 (Act 9 of 1872).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mathai Mathai v. Joseph Mary @ Marykkutty Joseph
Court's Decision & Legal Precedent
Judgement of Main Case order-12.pdf 2014-04-25 DATE VERIFIED. CA 4479/2007. Gowda/Misra. A mortgage executed by a 15-year-old mother is void; competence to contract under Contract Act s.11 follows Mohori Bibee — a minor cannot bind herself. Map s.11 only; do not pad s.2 (quoted but not the holding) or TP 58.
On this section: A minor is incompetent to contract under s.11; a mortgage by a 15-year-old is void (Mathai Mathai / Mohori Bibee).
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Sri Panu Kanta Nath vs The State of Tripura
Court's Decision & Legal Precedent
A claim of minority to invalidate a registered deed, raised significantly late and supported only by inconsistent duplicate records, cannot override the presumption of regularity in the registration process and the competence of the parties at the time of execution.
On this section: Competency to contract requires the age of majority.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 11
What have the courts held on Section 11 of the Indian Contract Act?
Mathai Mathai v. Joseph Mary @ Marykkutty Joseph (25 Apr 2014) is the leading judgment on this section among those set out below: A minor is incompetent to contract under s.11; a mortgage by a 15-year-old is void (Mathai Mathai / Mohori Bibee). Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2014 to 2024.
How do I find court cases under Section 11 of the Indian Contract Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Contract Act 11, section 11 Contract Act, section 11 of the Indian Contract Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Mathai Mathai v. Joseph Mary @ Marykkutty Joseph (25 Apr 2014).
When did Section 11 of the Indian Contract Act come into force?
Section 11 of the Indian Contract Act, cited as Contract Act 11, came into force on 01 Sep 1872, having been enacted on 25 Apr 1872. It is in force as at the date shown on this page.
Other sections of this Act
- 73. Compensation for loss or damage caused by breach of contract1822 words
- 23. What considerations and objects are lawful, and what not596 words
- 74. Compensation for breach of contract where penalty stipulated for577 words
- 28. Agreements in restraint of legal proceeding void512 words
- 25. Agreement without consideration, void, unless it is in writing and registered, or is a promise to compensate for something done, or is a promise to pay a debt barred by limitation law423 words
- 16. "Undue influence" defined397 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.