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Requirements to enable a next Friend or Guardian to enter into a Compromise Decree on Behalf of a Minor in India

January 18, 2019 0 Comment

Any such agreement or compromise entered into without leave of the court so recorded shall be voidable against all parties other than the minor.

In order that a compromise in which a minor is a party may be valid, the following are the requirements which must be followed:

1. The next friend or guardian ad litem must apply to the court for leave to enter into the proposed compromise setting forth the terms of the compromise;

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2. Granting of leave by the court to compromise by exercising a judicial discretion as to the propriety of the proposed compromise in the ‘interest of the minor;

3. The consent of the next friend or guardian to the proposed compromise after the leave is granted.

(b) There is no appeal from a consent decree. [S. 96 (3)].

(c) The minor can have it set aside in a regular suit by alleging fraud or concealment of material facts or by alleging that the compromise was entered into and sanctioned under a misapprehension of material facts.

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