Wednesday, September 24, 2014

Eo Nomine to a document

EO NOMINE PARTY to a document
Eo Nomine means ‘by that name’ or ‘in his name’
It is a Latin legal term;

In immovable property transactions (sales), the minor’s name is entered in the deed itself as party to that transaction as ‘eo nomine’ party and on behalf of that minor, his/her father or mother can sign that deed as natural guardian. In such cases, the said ‘minor party’ is termed as ‘eo nomine’ party to that deed.

The Hon’ble FULL BENCH of the Madras High Court, in Sankaranarayana v. Kandasamia, AIR 1956 Mad 670, concluded that ‘there is no doubt whatever that a transaction entered into by a guardian relating to the minor’s properties is not void and if the minor does not sue to set it aside within three years of his attaining majority it becomes valid under Limitation Act.

When the minor (at the relevant time of execution of a deed) was made ‘eo nomine’ party to that deed, he has to pray for cancellation of that deed, on attaining his majority, because he was an eo nomine party to that deed. (i.e. he has to pay Court Fee ‘on the value’ of that property for such cancellation of that deed, in view of the reason that he was deemed as ‘party to that deed’.)



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